Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4129/2006
(Arising out of SLP (C) No.14845/2006)
D.D. 14.9.2006
Hon’ble Mr. Justice S.B. Sinha &
Hon’ble Mr. Justice Dalveer Bhandari
Andhra Pradesh Public Service Commission ... Appellant
Vs.
P.Chandra Mouleeshware Reddy & Co. ... Respondents
Recruitment:
Group-I Services Recruitment – Advt. No:5/98
The Commission notified 19 posts of D.S.P., but confined selection to 10 posts as directed by the
Government. A.P.A.T. directed to fill the remaining 9 posts also long after completion of the recruitment.
Commission filed W.P. pleading difficulty in implementing the orders without disturbing the selections
and appointments. The W.P. was dismissed – This was challenged in the above appeal – The Hon’ble
Supreme Court held that although it is the policy of the State to fill up all the Nineteen posts, it had
mistakenly directed to fill up only ten posts which was realized by it when the Original application was
filed before the Tribunal and the mistake cannot be directed to be perpetuated nearly because the
Commission has to take up the selection process again – S.L.P. was accordingly dismissed.
Held:
The law cannot be permitted to act unfairly. It cannot be arbitrary. The country is governed by
Rule of Law and not by men. Thus, although a mistake had been committed by the State, the same
cannot be directed to be perpetuated only because the Commission will have to undertake the selection
process again.
Cases Referred:
1. (1986) 4 SCC 268 - Ms. Neelima Shangla vs. State of Haryana & Ors.
2. (1989) Supp.1 SC 147 - S.L. Kaul & Ors. vs. Secretary to Government of India, Ministry
of Information and Broadcasting, New Delhi & Ors.
3. (1999) 3 SCC 693 - Virender S.Hooda & Ors. vs. State of Haryana & Anr.
S.B.Sinha, J.
Leave granted.
Andhra Pradesh PSC
JUDGMENT
Andhra Pradesh Public Service Commission (for short, ‘the Commission’) is in appeal before us
aggrieved by and dissatisfied with the judgment and order of a Division Bench of the High Court of
149