SARDARA SINGH AND ORS. ETC versus STATE OF PUNJAB AND ORS

Citation: [1991] SUPP. 1 S.C.R. 152 · Decided: 17-09-1991 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Dismissed

Judgment (excerpt)

A 
SARDARA SINGH AND ORS. ETC. 
v. 
STATE OF PUNJAB AND ORS. 
SEPTEMBER 17, 1991 
B 
(M.M. PUNCHHI AND K. RAMASWAMY, JJ.J 
Service Law.; 
• The Punjab Revenue Patwari Class Ill Service Rules, 1963: Rules 
2(a),4(1),7: Notification dated 26.8.1986-Patwaris-ad-hoc appointments 
_\.---
C --Direction by Court to appoint regu,lar Patwaris within stipulated 
period--Service Selection .Board not in existence-Constitution of District 
Committees-Nomination of members by viTtue of their offices--Transfer of 
member before selection-:-Successor in office participated in se/ection-
Selections niade on the basis of viva voce only-Validity of 
D 
In a writ petition decided by the High Court of Punjab and Haryana, 
it allowed the ad-hoc appointments made by the Government of Punjab to 
the posts of Patwaris, to continue for six months from the date of the 
judgment and directed the Government to make regular appointment of 
Patwaris within that period. Since the Service Selection Board, Punjab 
E was not constituted at the relevant time, the Government of Punjab by a 
Notification dated 26.8.86 amended Rule- 2(a) of the Punjab Revenue._ 
Patwari Class III Services Rules, 1963, and empowered the State 
Government to authorise "other authorities" to make recruitment to the 
service. Accordingly, the Government constituted a selection committee 
for each district. The District Committee of Patiala consisted of the Dy. 
F 
Commissioner, Patiala as Chairman, and District Revenue Officer, the 
District Sainik Welfare Officer and the District Social Welfare Officer 
(Scheduled Caste) as its Members. The pending names of the candidates 
before the Service Selection Board were sent to the Committee for 
selection. The District Collector also invited applications from children 
G affected by the riots at-Delhi, terrorists affected families in Punjab and the 
like special categories. By the date of the interview the District Revenue 
Officer was transferred and his successor participated in the Selection. 
The selections were challenged by unsuccessful candidates in several 
writ petitions which were dismissed by the High Court. Aggrieved the 
H petitioners filed appeals before this Court by special leave. 
152 
SARDARA SINGH 
v. 
STATE 
153 
It was contended on behalf of the appellants that the $election was A 
--.A 
bad because: the Committee was not properly constituted; the District 
Collector was not competent to invite applications afresh; written test was 
abandoned and only oral interviews were conducted; no proper 
opportunity was given to appellants in the interview inasmuch as 821 
candidates were interviewed in 15 hours. It was also prayed that since the B 
appellants had meanwhile become overage, the Government should be 
directed to relax their age and to give appointments to them. 
---.;..._ 
Dismissing the appeals, this Courts, 
HELD 1.1 
On the transfer of the member having been nominated C 
by virtue of his office, the incumbent in office was entitled to participate in 
the selection of the candidates. The committee constituted was properly 
composed of the representatives enumerated therein, and the selection of 
the candidates, therefore, was legal and valid. [pp. 155 F-G; 156-A] 
1.i Although the representation of the Scheduled Castes need be by D 
an officer belonging to Scheduled Caste, and the District Social 'Welfare 
Officer (Scheduled Caste), as required should be an officer belonging to 
the members of the· Scheduled Castes, yet it is not uncommon that the 
Social Welfare Officer may be an officer other than one from the 
Scheduled Castes. [p. 155 G,H] 
E 
2. If appiications from candidates are invited and they are called for 
interview though under a mistaken compliance on wrong impression, the 
selection of the candidates, so applying, does not become illegal. [p.156 DJ 
3. Normally it may be desirable to conduct written test and in F 
particular hand-writing that which is vital for a Patwari whose primary 
dufy is to record clearly entries in revenue records followed by oral 
interview. The rules did not mandate to_ have both. Options were given 
either to conduct written test or viva voce or both and the committee 
adopted viva voce as a method to select the candidates which could not be G 
said to be illegal. [p.157 D-E] 
4. On an average three minutes were spent for each candidate for 
selection. Keeping in view the facts that educational· qualifications were 
apparent from the record, the candidates normall

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