Bhagwanti and ors. Vs. Subordinate Services Selection Board, Haryana and anr. - Court Judgment |
| Service |
| Supreme Court of India |
| Nov-22-1993 |
| Civil Appeal No. ... of 1993 |
| Kuldip Singh and; Yogeshwar Dayal, JJ. |
| 1995Supp(2)SCC663 |
| Constitution Of India - Article 226 |
| Bhagwanti and ors. |
| Subordinate Services Selection Board, Haryana and anr. |
| Arising out of SLP (C) No. 16095 of 1993 |
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[kuldip singh and; yogeshwar dayal, jj.] - constitution of india — article. 226 — pleadings — failure to implead party likely to be affected — effect — selection and appointment by subordinate services selection board, haryana challenged before high court — neither selected candidates nor those who were issued appointment letters impleaded as parties -- the subordinate services selection board, haryana selected 48 candidates for appointment as lady social workers. 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......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.
Kuldip Singh and; Yogeshwar Dayal, JJ.
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 candidates 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.