BHUSHAN KUMAR PURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave from a judgment and order of the Punjab and Haryana High Court dated November 14, 1977 allowing a writ petition made by the fourth respondent before us. By the impugned judgment the High Court set aside the decision of the Punjab Public Service Commission (hereinafter referred to as the Commission) selecting the appellant for the post of Export Promotion Officer, directed the Commission to "hold the selection afresh" and gave certain directions for the purpose. The judgment appealed from marks the second chapter in the dispute concerning the selection.

(2.) These are the relevant facts. On September 10, 1975 the Commissioner invited applications for the aforesaid post. Six candidates including the appellant before us were interviewed by the Commission an November 20, 1975 for selection. The appellant occupied the first place in the list of candidates selected by the Commission according to merit; the name of one Shamsher Singh figured second in the list. However, the appellant was not recommended by the Commission for appointment because he had not on the date of the interview passed the test in Punjabi. In the advertisement inviting applications for the post one of the conditions laid down was that the "candidates shall have to pass the test (of knowledge in Punjabi) held by the Commission before interview". Shamsher Singh was accordingly recommended by the Commission. The present appellant filed a writ petition in the Punjab and Haryana High Court challenging the Commission's decision recommending Shamsher Singh for appointment. It appears that Shamsher Singh's sister was married to the son of the Chairman of the Commission, Giani Lal Singh who presided over the meeting held on November 20, 1975 for selection. By his judgment and order dated August 2, 1977 Harbans Lal J. who heard the matter allowed the writ petition and set aside the decision of the Commission selecting Shamsher Singh observing ".. ... ... it cannot be said that respondent No. 3 as Chairman of the Commission could have possibly applied his mind dispassionately while making selection of respondent No. 4 (Shamsher Singh) to the post and rejecting the other candidates including the petitioner". The learned Judge added that the Commission would be "at liberty to make the selection afresh". No appeal was preferred from this judgment. The Commission met again some time in September 1977 to select a candidate for the post. Giani Lal Singh had retired in the meantime. It may be stated here that the appellant passed the test in Punjabi on July 5, 1976. The Commission examined the qualifications, experience and the record of performance of the candidates at the interview already held and prepared a list in order of merit which was as follows:

(3.) The Commission filed an affidavit in the High Court answering the allegations made in the writ petition filed by the fourth respondent. The affidavit states inter alia: