Ishwar Singh, Ajay Kumar and Others vs Kuldip Singh and Others and Raghbir Singh and Others

Delay condoned.

Special leave granted in both the matters.

Ishwar Singh and 14 others were selected and appointed as Inspectors of Industries/Managers Industrial Estate for Small-Scale Cottage and Village Industries, Haryana. The selection and the consequent appointments were challenged by two unsuccessful candidates before the High court primarily on the ground that the interviews held for the said selection were a sham affair. It was contended before the High court that the interviews were held from February 11 to February 18, 1992 and 350 candidates were interviewed on each date which meant that on average one minute and 20 seconds was the time taken for the interview of each candidate. The Ex-servicemen also challenged the selection on the ground that the dependants of Ex-servicemen were selected in preference to the Ex-servicemen. The High court quashed the selection and the appointments on the Finding that the interviews held were neither fair nor proper thereby vitiating the selection. These appeals by way of special leave are against the judgment of the High court.

It is not disputed by the learned counsel for the parties that except Ishwar Singh, no other selected candidate was impleaded before the High court. The selection and the appointments have been quashed entirely at their back. It is further stated that even Ishwar Singh, one of the selected candidates, who was a party, had not been served and as such was not heard by the High court. We are of the view that the High court was not justified in hearing the writ petition in the absence of the selected candidates especially when they had already been appointed. We, therefore, set aside the judgment of the High court dated 8/12/1992 and send the case back for fresh decision after notice to the parties. The appeals are allowed in the above terms. No costs.