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September 3, 2011

High Court quashes plea to interfere in PPSC selections


Chandigarh, September 3
The Punjab and Haryana High Court has refused to interfere in the selections being conducted by the Punjab Public Service Commission.

A Division Bench of the High Court made it clear that the presumption regarding the Commission not discharging its duties honestly could not be drawn. At the same time, the Bench warned the Court may pass necessary order if selections were found to be vitiated.
The verdict is significant as the petitioner had quoted the orders quashing appointment of the Punjab Public Service Commission Chairman by a three-Judge Bench in an attempt to substantiate his contentions. Reports of newspapers were also relied upon by the petitioner for claiming the relief.
Taking up the petition filed in public interest by Tushar Sharma, the Bench of Acting Chief Justice Adarsh Kumar Goel and Justice AK Mittal asserted: “This petition seeks a direction for constitution of a committee to monitor the examination/selections of Punjab State Civil Services (PCS) combined competitive Examination-2009.”
Going into the reasons behind the demand, the Bench observed: “The grievance of the petitioner put forward by way of public interest litigation is that the Punjab Public Service Commission indulges in corruption and cannot be trusted to make fair selection. Reliance has been placed on an inquiry report relating to recruitment of medical officers during the year 2008-09 and order of this Court quashing appointment of the Chairman of the Punjab Public Service Commission and also certain newspapers’ reports.”
After hearing the arguments and going through the documents placed on record, the Bench concluded: We are of the view that there cannot be any presumption that the Punjab Public Service Commission will not discharge its duties honestly. It is a different matter if selections are held and are found to be vitiated, this Court may pass such order as may be found necessary after due adjudication…. There is no ground to issue direction as sought in this petition. The writ petition is dismissed.”
Significance of the Verdict
n HC says can’t draw presumption that the commission is not discharging its duties honestly
n The petitioner had quoted the orders quashing appointment of the PPSC chairman
n The PIL contended that the PPSC indulges in corruption and cannot be trusted to make fair selection
n Reports in newspapers also relied upon by the petitioner for claiming relief

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