STATE OF PUNJAB versus SAUL SABHLOK AND ORS.

Citation: [2013] 5 S.C.R. 18 · Decided: 15-02-2013 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
[2013] 5 S.C.R. 18 
STATE OF PUNJAB 
v. 
SAUL SABHLOK AND ORS. 
(Civil Appeal No.7640 of 2011) 
FEBRUARY 15, 2013 
[A.K. PATNAIK AND MADAN B. LOKUR, JJ.] 
Constitution of India, 1950 - Arts.226, 316 and 320 -
State Public Service Commission -
Appointment of 
C Chairman - Interference u/Art.226 of the Constitution- Scope 
- Held: High Court should not normally, in exercise of its 
power u!Art.226, interfere with the discretion of the State 
Government in selecting and appointing the Chairman of the 
State Public Service Commission - But in an exceptional 
D case, if'it is shown- that relevan,.t factors implied from the very 
nature of the duties entrusted to Public Service Commissions 
u!Art.320 have not been considered by the State Governmen't 
in selecting and appointing the Chairman of the State Public 
Service Commission, the High Court can invoke its wide and 
E extra-ordinary powers u!Art.226 and quash the selection and 
appointment to ensure that the discretion of the State 
Government is exercised within the bounds of the Constitution 
-On facts, where appointment of 'H' as Chairman of the 
Punjab Public Service Commission was quashed by the High 
F Court while exercising jurisdiction u!Art.226, the materials on 
record do not indicate that 'H' had any knowledge or 
experience whatsoever· either in administration or in 
recruitment nor do the materials indicate that he had the 
qualities to perform the duties as the Chairman of the State 
G Public Service Commission u/Art.320 - Decision of the State 
Government to appoint 'H' as the Chairman of the Punjab 
Public Service Commission was invalid for non-consideration 
of relevant factors implied from the very nature of the duties 
entrusted to Public Service Commissions u!Art.320 -
H Impugned order of High Court accordingly not interfered with. 
18 
STATE OF PUNJAB v. SAUL SABHLOK AND ORS. 
19 
Constitution of India, 1950 - Art.226 - Power under -
A 
Exercise of- Scope - Held: Art.226 vests in the High Court 
the power to issue to any person or authority, including in 
appropriate cases, any Government, within those territories 
directions, orders or writs, including writs in the nature of 
habeas corpus, mandamus, prohibition, quo warranto and B 
certiorari, or any of them, for the enforcement of any of the 
rights conferred by Part Ill and for any other purpose. 
Public Service Commisison -
State Public Service 
Commission - Appointment of Chairman - Procedure -
Implied relevant factors - Held: It is for the Governor who is C 
the appointing authority u/Art.316 to lay down the procedure 
- But in absence of any pro9edure laid down by the Governor, 
the State Government would not have absolute discretion -
The State Government has to select only persons with 
integrity and competence for appointment, because the 
D 
discretion vested in the State Government u!Art.316 is 
impliedly limited by the purposes for which the discretion is 
vested and the purposes are discernible from the functions 
of the Public Service Commission enumerated in Art. 320 -
The State Public Service Commission is expected to act with 
E 
independence from the State Government and with fairness, 
besides competence and maturity acquired through 
knowledge and experience of public administration - Even 
"' 
though Art.316 does not specify the aforesaid qualities of the 
Chairman of a Public Service Commission, these qualities 
F 
are amongst the. implied relevant factors which have to f?e 
taken into consideration by the Government while determining 
the competency of the person to be selected and appointed 
as Chairman of the Public Service Commission u/Art.316 -
Constitution of India, 1950 - Articles 316 and 320. 
G 
Public Interest Litigation - Selection of 'H' for appointment. 
as Chairman of the Punjab Public Service Commission -Wljt 
petition challenging such appointment - Maintainability:-
. Held: Respondent No. 1 filed the writ petition for espousing the 
H 
20 
SUPREME COURT REPORTS 
[2013) 5 S.C.R. 
A cause of the general public of the State of Punjab with a view 
to ensure that a person appointed as the Chairman of the 
Punjab Public Service Commission is a man of ability and 
integrity so that recruitment to public services in the State of 
Punjab are from the best available talents and are fair and is 
B not influenced by politics and extraneous considerations -
Considering the averments in the writ petition, it cannot be · 
held that the writ petition was just a service
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