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

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no.3 at serial No.1 in the merit list whereas the petitioner at serial No.1 in the reserve list. Respondents
1, 2 and 4 have also submitted a document Annexure R-7 to contend that this selection was approved
by the other Members of the Public Service Commission also was put at serial No.1 in the merit list
and petitioner was put at serial No.1 in the reserve list. It is signed by the Chairman on 29 th June
1976. The two Members have signed this by putting an endorsement “seen” and Shri Rambiharilal’s
signature bears the date “30/6” whereas Shri O.R.Siddiqui’s signature bears the date “29/6”. It could
not be doubted that this document does not indicate that the two other Members approved of the
selection of respondent No.3 before it was commenced and these two Members have not signed by
way of approval but have only signed by saying “Seen” which clearly goes to show that it was sent to
them for information and that is why one of the Members has signed it a day after the selection was
notified on the notice board. This therefore also clearly establishes that it is not a case where the
selection done by one Member was approved by the other Member also but it only indicates that the
selection of respondent No.3 was intimated to the other two Members of the Public Service Commission
and they have signed it only as having received the information. This therefore clearly established (a)
that the Chairman sat alone to conduct the interviews for the post for which the petitioner and respondent
NO.3 were candidates; (b) that he did so under his own orders without any powers being delegated
to him for that purpose; (c) that he conducted those interviews sitting as a Chairman-Member and not
exercising any functions delegated to him by the Commission; and (d) that this selection done by the
Chairman has not been approved by the rest of the Members of the Public Service Commission.
22. Part XIV. Chapter II of the constitution provides for the establishment of the Public Service
Commissions for the Union and for the States. Article 315 contemplates a Public Service Commission
for the Union and a Public Service Commission for each State. Article 320 Clause (3) provides for
consultation and reads:
“320... (3) the Union Public Service Commission of the State Public Service Commission, as the
case may be, shall be consulted –
Madhya Pradesh PSC
(a) On all matters relating to methods of recruitment to civil services and for civil posts;
(b) On the principles to be followed in making appointment to civil services and posts and in
making promotions and transfers from one service to another and on the suitability of
candidates for such appointments, promotions or transfers;
(c) On all disciplinary matters affecting a person serving under the Government of India or
the Government of a State in a Civil capacity including memorials or petitions relating to
such matters;