RAM BRIKSH MAURYA Vs. MURLIDHAR MISHRA AND OTHERS

JUDGEMENT

(1.) The matter here concerns selection to the post of Principal. The controversy raised being with regard to the relevant service record of the appellant and respondent No. 1, namely, whether or not it was before the Commission, at the time of the selection and further, if not, whether this defect stood cured by the record at any rate, being available to the Commission before the panel was finalised.

(2.) On the facts as they emerge from the record, as also keeping in view the contention raised by the earned counsel for the parties, there is clearly no warrant for interference with the finding of fact recorded by the learned single Judge that the record was received by the Commission after the interview had taken place. We see no reason or justification for taking a different view on the matter.

(3.) As regards the other pica namely, of the record at any rate having been there before the pane was finalised, a complete answer to this is provided by the judgment of the Division Bench in Smt. Santosh Chowdhry Vs. Committee of Management and others, 1986 UPLBEC 1063 where it was held that if the service record of a candidate is not before the Interview Board at the time of the interview it constitutes a breach of the rules and regulations which cannot but prejudice the selection and the selection has thus to be quashed. Respectfully agreeing with this view we find this further contention to be wholly devoid of merit and consequently hereby dismiss this Special Appeal. Appeal dismissed.