Sardara Singh And Ors. Etc vs State Of Punjab And Ors on 17 September, 1991
We have held that the Circular Orders dated 24.6.1996 will have no
relevance or application to the selections in question, undertaken pursuant to the
advertisement issued on 20.9.1995. It has also been noticed by us that the
Circular Order dated 4.4.1995, on the face of it, will apply only in cases where the
selection has to be finalized on the basis of any Written Examination and
Interview. There being no Written Examination for selection of Drivers for
appointment, the selection process has to be on the basis of only Circular Orders
dated 21.8.1980 and 23.1.1995. These aspects were left to lie in a nebulous
state, leaving much for assumptions on either side to be possible. This should
have been averted by the Corporation, by proper and appropriate action at the
crucial and relevant point of time before setting the selection process in motion.
It is high time that the Board takes up this for consideration resolve it by an
appropriate decision. For such lapses, neither the candidates, who got selected
and appointed, nor the Writ Petitioners, who lost in the selection, could be
entirely blamed. The Writ Petitioners also have not chosen either to allege or
substantiate any malafides or bias against any member of the Selection
Committee, except making a grievance that within the course of the time
available on a single day about 322 applicants could not have properly subjected
to interview for assessment of merits or assignment of marks for selection. The
learned counsel for the appellants would seek to place reliance upon the
decisions of this Court reported in Sardara Singh & Ors. Vs. State of Punjab &
Ors. [(1991)4 SCC 555] and Madan Lal & Ors. Vs. State of J & K & Ors.
[(1995)3 SCC 486] to contend that such contentions are not sufficient to warrant
interference with the selections made.