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

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32.2It was also submitted at the Bar that some of the candidates who were called for interview<br />

have been treated in a shabby manner. The candidates were not allowed by the officials of the KPSC<br />

to appear before the Interview Committee to have their say. No reasons were also assigned as to why<br />

they were not permitted to appear before the Interview Committee. When the candidates insisted for<br />

issuance of Endorsements, no Endorsements were also issued for non-consideration of their case.<br />

32.3This attitude of the officials of the KPSC, in our view, is contrary to the very object of the<br />

constitution of the Institution. Ours is a democratic country and we are governed by the “Rule of Law”<br />

and the “Rule established by law”. In a system governed by “Rule of Law” discretion when conferred<br />

upon executive authorities must be confined within clearly defined limits. The Rule of Law from this<br />

point of view means that decisions should be made by the application of known principles of rules and<br />

in general such decisions should be predictable and the citizen should know where he stands. If a<br />

decision is taken without application of any principle or without any rule of law, it is impracticable and<br />

such a decision is the antithesis of a decision taken in accordance with the Rule of Law, as held by the<br />

Supreme Court in S.G.JAISINGHANI –Vs- UNION OF INDIA reported in AIR 1967 SC 1427.<br />

32.4. We hope the KPSC will act as a model Recruiting Agency. If an institution constituted under<br />

the Constitution acts in an arbitrary manner, people will lose faith in the Institution and the authenticity<br />

of selection.<br />

Karnataka PSC<br />

***<br />

591

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