RAJINDER SINGH Vs. UNIONOF INDIA

JUDGEMENT

(1.) The Jawaharlal Nehru Rajkeeya Mahavidyalaya is a government college under the Andaman Administration.

(2.) For the post of Principal, under the Recruitment Rules, the Union Public Service Commission (UPSC) was the appropriate body to conduct a regular recruitment process. An advertisement was published by the UPSC in the year 1997 for the post of Principal in the said college. Altogether 16 applications were received including the petitioner, the respondent no. 6 and one Dr. Z.A. Khan. The petitioner was already working in the said college as lecture in Chemistry. Interview was held. in 1998 when the respondent no. 6 was selected by the said UPSC., Dr. Z.A. Khan challenged the said appointment before the Tribunal and the matter came up before this court in a revisional application, which was disposed of by this court on July 15, 2002. This court held that the selection process was vitiated by illegality, malafide and bias. The Division Bench also held that one Shri P. K. Tripathi influenced the selection process favouring respondent no. 6. The appointment of respondent no. 6 was quashed and set aside and the UPSC was directed to conduct a fresh selection process.

(3.) Both the respondent no. 6 as well as the UPSC filed two separate Special Leave Petitions before the Apex Court which stood dismissed. After the dismisal of the Special Leave Petition, the Andaman Administration sent a requisition to the UPSC for filing up the said post by issuing a fresh advertisement. The UPSC, however, declined to adhere to such requisition on the plea that selection process in terms of the order of this court would start de novo from the stage of conducting the interview.