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Bhagwanti And Others v. Subordinate Services Selection Board, Haryana And Another

Bhagwanti And Others v. Subordinate Services Selection Board, Haryana And Another

(Supreme Court Of India)

Civil Appeal No. Of 1993 (Special Leave Petition (Civil) No. 16095 Of 1993) | 22-11-1993

1. Special leave granted. We have heard learned counsel for the parties

2. The Subordinate Services Selection Board, Haryana selected 48 candidates for appointment as Lady Social Workers. Out of the selected candidates 26 were offered appointments. The selection and the appointments were challenged before the High Court on the ground that the Selection Committees interviewed large number of conduits in a short span of time and as such the selection was a sham affair. The specific allegation was that as many as 687 candidates were interviewed by two Selection Committees on one and the same day

3. It is obvious from the impugned order of the High Court that in the writ petition before it only the Subordinate Services Selection Board was impleaded as a party. Neither the selected candidates nor those who were issued appointment letters were impleaded as parties before the High Court. The High Court set aside the selection and the appointments without hearing the persons concerned. It is settled proposition of law that no order to the detriment of a person can be passed without hearing him. We, therefore, allow the appeal and set aside the impugned order of the High Court on this short ground. The writ petition filed by the respondents before the High Court is thus dismissed. No costs.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE KULDIP SINGH
  • HON'BLE JUSTICE YOGESHWAR DAYAL
Eq Citations
  • (1995) SUPPL. 2 SCC 663
  • 1995 (6) SLR 562
  • LQ/SC/1993/1006
Head Note

ai Civil Procedure Code, 1908 — Or. 1 Rr. 7 & 11 — High Court's order setting aside selection and appointments without impleading selected candidates and those issued appointment letters as parties — Impugned order set aside on this short ground — Practice and Procedure — Parties — Non-joinder of — Effect — Public Employment — Appointments — Impugned order setting aside selection and appointments without impleading selected candidates and those issued appointment letters as parties — Held, no order to the detriment of a person can be passed without hearing him