KRISHAN YADAV AND ANOTHER versus STATE OF HARYANA AND ORS.

Citation: [1994] 3 S.C.R. 1045 · Decided: 12-05-1994 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

KRISHAN YADAV AND ANOTHER 
A 
v. 
STATE OF HARYANA AND ORS. 
MAY 12, 1994 
[S.C. AGRAWAL AND S. MOHAN, JJ.] 
B 
Service Law-Selection-Selection of Taxation Inspectors by the 
• 
Haryana Subordinate Selection Board held arbitrary, i1Tegular and vitiated by 
fraud-Entire selection set aside and penal costs awarded against Members 
of the Board personally-Prosecution directed to be launched against con- c 
cemed persons in view of Court's acceptance of CBI Report-fn fresh ex-
amination, viva voice marks directed to be not more than 12Vz per cent of 
total marks. 
.... 
The Haryana Subordinate Selection Board conducted a written ex-
amination in December 1988 for selection of Taxation Inspectors and D 
,.,.... 
interviews were held in October 1989 by Committees which interviewed 200 
~ 
candidates per day. The selection lists were sent secretly to the Goverment, 
in violation of the requirement of publication on the notice board, and 
joining reports of the selected candidates were obtained on the spot at 
Chandigarh, without verification of antecedents or medical examination. E 
Writ petitions were filed by unsuccessful candidates alleging favouritism, 
nepotism, unfairness and political inOnence. The original record bad in 
the meantime been destroyed. 
The High Court dismissed the writ petitions holding inter alia that 
in view of the destruction of the records the allegations of the writ F 
~ ' 
p•titioners could not be adjudicated npon. The award of 28.5 per cent 
.. 
marks for viva voce was held not to be excessive. A direction was however 
given that no posts beyond the. advertised number of 96 should be filled. 
The unsuccessful writ petitioners appealed to the Supreme Court. G 
The Supreme Court directed the State of Haryana to refer the matter to 
the Central Bureau of Investigation, in view of the serious allegations, 
particularly destruction of records. The Court accepted the report sub-
milted by CBI. 
~ 
Allowing the appeals, this Court 
H 
1045 
-
A 
B 
1046 
SUPREME COURT REPORTS 
[1994) 3 S.C.R. 
HELD : 1. The CBI has done a commendable job and has not failed. 
to call a spade a spade, without shielding anyone concerned including a 
Minister. The Court's conclusions in respect of the instances set out in the 
CBI report indicate : (i) no interview (ii) fake interview, (iii) ghost inter-
view (iv) grave irregularities (v) fabrication of records, (vi) forgery (vii) 
action at the behest of higher ups (viii) ministerial interference and (ix) 
favouritism. The irresistible conclnsion is 'frand has reached its cre-
scendo'. [1051-E, 1052·A-H, 1053-C-E, 1055-E, 1056-A-H, 1057-A] 
2. All concerned were motivated by extraneous considerations. Acts 
which wold attract the provisions of Indian Penal Code have been done 
C with impunity. From out of the 'selection list' secret communications have 
been sent to the candidates. Selections were made withont medical test or 
verification of antecedents. (1057-E] 
3. Public offices both big and small are sacred trust. They are meant 
for use and not abuse. In these cases, from a Minister to a menial everyone 
D has been dishonest to gain undne advantages. The Conrt's conscience is 
shocked to come across such a systematic fraud. It is somewhat surprising 
that the High Court should have taken the path of least resistance stating 
that in view of the destruction of records it was helpless. It should have 
helped itself. Law is not that powerless. (1057-E-G] 
E 
F 
4. The only proper course is to set aside the entire selection. The plea 
that innocent candidates should not be penalised for the misdeeds of 
others is unacceptable. When the entire selection is stinking, conceived in 
fraud and delivered in deceit, individual innocence has no place as "fraud 
unravels everthing'. The entire selection is arbitrary. [1057-G-H, 1058-A] 
5. Though normally speaking, the 96 selected candidates should be 
required to repay the entire salary and perks which they have received, a 
streak of sympathy may be shown. The proper lesson would be learnt by 
them if their appointments are set aside, teaching them that dishonesty 
G could never pay. (1058-B·C) 
6. In the fresh selection to be made, the total marks for written 
examinations shall be 200 and the total marks for viva voce shaJ.I be 25, 
that is not more than 121'2 per cent. The final analysis of the tabulated 
results shall be submitted to this court on or before 10th December, 1994. 
H 
Not one of the persons connected with t

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