Rasmiranjan Das Vs. Sarojkanta Behera On 24 July, 1998

Q: Q. What are the equivalent citations for Rasmiranjan Das vs Sarojkanta Behera ?

The equivalence citation are(2000) 10 SCC 502 ; 1999 (4) SCT 557 (SC) ; AIR 1999 SC 2166 ; 1998 (2) OLR (SC) 326 ; JT 1999 (9) SC 384 ; LQ/SC/1998/677 ;

Q: Q. What was the bench assigned for the case Rasmiranjan Das vs Sarojkanta Behera?

HONBLE MR. JUSTICE SUJATA V. MANOHAR, HONBLE MR. JUSTICE D.P. WADHWA

Open iDraf

Rasmiranjan Das v. Sarojkanta Behera

Rasmiranjan Das
v.
Sarojkanta Behera

(Supreme Court Of India)

Civil Appeal No. 3497 Of 1998 (Special Leave Petition (Civil) No. 107 Of 1998) | 24-07-1998

Sujata V. Manohar, J.

Leave granted.

2. The High Court has set aside the selection of the appellant to the post of clerk in Sailo Grama Panchayat High School only on the ground that out of five members of the Selection Committee, one of the members was related to the appellant. The State has filed an affidavit setting out that the selection was properly made after a written test and an interview. Rule 31(1) of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 prohibits participation in selection by a near relation of any candidate. In the present case, the degree of relationship between the appellant and the member of the Selection Committee is remote by six degrees. Therefore, the appellant cannot be considered as a near relation of the member of the Selection Committee. Since this is the sole ground for setting aside the selection by the High Court, we set aside the order of the High Court.

3. The appeal is accordingly allowed. In the circumstances, since this is a Legal Aid matter, there will be no order as to costs.

Appeal allowed.