JASWANT SINGH NERWAL ETC. versus STATE OF PUNJAB AND ORS. ETC.

Citation: [1991] 1 S.C.R. 411 · Decided: 14-02-1991 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Dismissed
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Judgment (excerpt)

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JASW ANT SINGH NERW AL ETC. 
A 
V. 
STATE OF PUNJAB AND ORS. ETC. 
FEBRUARY 14, 1991 
[MADAN MOHAN PUNCHHI AND K. RAMASWAMY, JJ.] ' 
B 
Punjab Civil Services (Executive Branch) Rules, 1930: Punjab' 
Civil Services Examination-Candidate-Change of preference intima- ' 
ted and approved in time-Held valid-Candidate's father-Member of' 
Public Service Commission-Not participating in deliberations at 
candidate's viva voce-Selection of candidate-Valid. 
c 
For the recruitment of 71 officers in the Punjab Civil Services , 
(Executive Branch) and Allied Services, the Punjab Public Service 
Commission, at the behest of the State of Punjab, held a competitive 
examination. As per the requirement of the Punjab Civil Services 
(Executive Branch) Rules, 1930, the applying candidates specified the 
D 
posts in order of preference in their respective applications. One such 
candidate, appellant V .M. Bamal, who bad initially indicated bis first 
preference. for the post of Excise & Taxation Officer, intimated to the 
Commission, but undisputedly before the declaration of the result, that 
he wanted change of his preference so that his first preference was of 
Punjab Civil Service (Executive Branch). This change was allowed by ' E 
the Commission. Bansal's father, who was a member of the Commis-
sion, did not participate in the deliberations of the Commission when 
Bansal was interviewed. Of the 71 candidates declared successful, 
Bansal was declared successful for a post in the Punjab Civil Service, 
and appellant Jaswant Singh Nerwal for the post of Tehsildar in the 
Allied Services. Some of the unsuccessful candidates challenged the 
f 
entire selection on various grounds before the Punjab and Haryana 
High Court by means of a writ petition. On the other hand, Nerwal, 
through a separate writ petition, challenged the change of preference 
allowed by the Com':llission to Bansal which led to Bansal becoming a 
Punjab Civil Service Officer and Nerwal a Tehsildar, and claimed that 
he be declared successful to a post in the Punjab Civil Service in prefe-
G 
rence to Bansal. The High Court by a common judgment rejected the 
claim of Nerwal and dismissed his writ petition, but allowed the writ 
petition preferred by the unsuccessful candidates in part inasmuch as 
the selection of Bansal as a Punjab Civil Service Officer and his conse-
quential appointment was quashed. The High Court however did not 
disturb the selection of the remaining 70 successful candidates but 
H 
411 
A 
B 
412 
SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
required Bansal to compete again with the other unsuccessful candi· 
dates as per its direction extracted in the judgment. The High Court in 
issuing the aforesaid direction applied the decision of this Court in A. K. 
Kraipak & Ors. etc. v. Union of India & Ors., [1970] 1 SCC 457, to 
neutralise Bansal's father being a member of the Commission. And 
even though Bansal's father had not participated in the deliberations of 
the Commission, when Bansal was interviewed, his brooding presence 
was held negatively to have influenced the selection and the possible 
ouster of a possibly successful candi~ate. Hence these two appeals by 
special leave, one by Bansal and the other by Nerwal, against the judg-
ment of the High Court. 
Allowing the appeal of Bansal and dismissing the one filed by 
C 
Nerwal, the Court, 
HELD: (1) Besides Bansal's father, there were four other 
members of the Public Service Commission and who had functioned 
as a Commission. There was a long list of as many 540 candidates 
0 
to be interviewed and the interviews went on from 24.9.1973 uptil 
30.10.1973. [417G] 
E 
(2) Bansal's father did what was expected of him, in having 
declined to participate in the deliberations of the Commission when 
Bansal went for the viva voce test. [418C] 
(3) No material has been shown to entertain the douht that 
Bansal's father being a member of the Public Service Commission, per 
se had the effect of other members keeping track of comparatives in 
order to single out Bansal as a successful candidate. There is not a word 
of ma/a fide suggested against the other members of the Public Service 
F 
Commission, of having shared the supposed animus of Bansal's father. 
G 
There is therefore no reason to sustain the judgment of the High Court 
on this aspect of the case. [418A-B] 
A.K. Kraipak & Ors. etc. v. Union of India & Ors., [1970] 1 SCC 
457, distinguished; Javid RO.Soot Bhat & Ors. v. State of Jammu & 
Kash
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