Holding

The Supreme Court held that the selection process was fraudulent and arbitrary, thereby setting aside the entire selection and ordering a fresh examination while imposing personal costs on the board members and directing prosecutions.

Summary

The Haryana Subordinate Selection Board conducted a written test and interview for 96 Taxation Inspector posts in 1988‑89, but the process was riddled with fabricated interview sheets, fake roll numbers, forgery, ministerial interference and the destruction of original records. Unsuccessful candidates filed writ petitions alleging nepotism and fraud; the High Court dismissed them on the ground that the destroyed records precluded adjudication. The Supreme Court ordered a CBI investigation, accepted its report which detailed multiple irregularities, and concluded that the entire selection was arbitrary and fraudulent. Consequently, the Court set aside the selection, directed a fresh examination with revised marking scheme, ordered prosecutions against all responsible officials, and imposed personal costs of Rs 10,000 on each member of the selection board. The appeals were allowed, nullifying the appointments of the 96 selected candidates.

Issues considered

The selection of Taxation Inspectors was tainted by fraud, nepotism and procedural irregularities, warranting its annulment.
Whether the destruction of original examination records barred judicial review of the alleged irregularities.
The admissibility and weight of the CBI investigation report as evidence in the Supreme Court.
The validity of appointments made under a fraudulent selection process.
The propriety of imposing personal costs on members of the selection board.
The parameters for conducting a fresh selection, including marking scheme and timelines.

Legislation cited

Indian Penal Code, 1860

Subjects

selection boardrecruitment fraudnepotismCBI investigationadministrative lawpublic officecostsprosecutionfresh examination

Judgment

KRISHAN YADAV AND ANOTHER A
v.
STATE OF HARYANA AND ORS.

MAY 12, 1994

[S.C. AGRAWAL AND S. MOHAN, JJ.] B

Service Law-Selection-Selection of Taxation Inspectors by the
• Haryana Subordinate Selection Board held arbitrary, i1Tegular and vitiated by
fraud-Entire selection set aside and penal costs awarded against Members
of the Board personally-Prosecution directed to be launched against con- c
cemed persons in view of Court's acceptance of CBI Report-fn fresh ex-
amination, viva voice marks directed to be not more than 12Vz per cent of
total marks.

.... The Haryana Subordinate Selection Board conducted a written ex-
,.,.... amination in December 1988 for selection of Taxation Inspectors and D
interviews were held in October 1989 by Committees which interviewed 200
~

candidates per day. The selection lists were sent secretly to the Goverment,
in violation of the requirement of publication on the notice board, and
joining reports of the selected candidates were obtained on the spot at
Chandigarh, without verification of antecedents or medical examination. E
Writ petitions were filed by unsuccessful candidates alleging favouritism,
nepotism, unfairness and political inOnence. The original record bad in
the meantime been destroyed.

The High Court dismissed the writ petitions holding inter alia that
in view of the destruction of the records the allegations of the writ F
..
~ ' p•titioners could not be adjudicated npon. The award of 28.5 per cent
marks for viva voce was held not to be excessive. A direction was however
given that no posts beyond the. advertised number of 96 should be filled.

The unsuccessful writ petitioners appealed to the Supreme Court.
G
The Supreme Court directed the State of Haryana to refer the matter to
the Central Bureau of Investigation, in view of the serious allegations,
particularly destruction of records. The Court accepted the report sub-
milted by CBI.
~

Allowing the appeals, this Court H
1045
1046 SUPREME COURT REPORTS [1994) 3 S.C.R.
I
A HELD : 1. The CBI has done a commendable job and has not failed.
!
to call a spade a spade, without shielding anyone concerned including a
Minister. The Court's conclusions in respect of the instances set out in the
I ,,

CBI report indicate : (i) no interview (ii) fake interview, (iii) ghost inter-
view (iv) grave irregularities (v) fabrication of records, (vi) forgery (vii)
action at the behest of higher ups (viii) ministerial interference and (ix)
B favouritism. The irresistible conclnsion is 'frand has reached its cre-
scendo'. [1051-E, 1052·A-H, 1053-C-E, 1055-E, 1056-A-H, 1057-A]
)
2. All concerned were motivated by extraneous considerations. Acts
which wold attract the provisions of Indian Penal Code have been done l
C with impunity. From out of the 'selection list' secret communications have i
been sent to the candidates. Selections were made withont medical test or
verification of antecedents. (1057-E]
I

-~
3. Public offices both big and small are sacred trust. They are meant
for use and not abuse. In these cases, from a Minister to a menial everyone
D has been dishonest to gain undne advantages. The Conrt's conscience is
shocked to come across such a systematic fraud. It is somewhat surprising
that the High Court should have taken the path of least resistance stating
that in view of the destruction of records it was helpless. It should have
helped itself. Law is not that powerless. (1057-E-G]
E ·'
4. The only proper course is to set aside the entire selection. The plea
that innocent candidates should not be penalised for the misdeeds of
others is unacceptable. When the entire selection is stinking, conceived in
fraud and delivered in deceit, individual innocence has no place as "fraud
unravels everthing'. The entire selection is arbitrary. [1057-G-H, 1058-A]
F
5. Though normally speaking, the 96 selected candidates should be
required to repay the entire salary and perks which they have received, a
streak of sympathy may be shown. The proper lesson would be learnt by
them if their appointments are set aside, teaching them that dishonesty
G could never pay. (1058-B·C)

6. In the fresh selection to be made, the total marks for written
examinations shall be 200 and the total marks for viva voce shaJ.I be 25,
that is not more than 121'2 per cent. The final analysis of the tabulated
results shall be submitted to this court on or before 10th December, 1994.
H Not one of the persons connected with the previous examination shall be
K. YJ\OAVv. STATEOFHJ\RYANJ\[MOHAN.J.] 1047

.. alln,ved to have anything to do "°ith the present examination. The State A
~hall endeavour to see that the examination:. are conducted fairly \vithout
giving any roon1 for complaint, if nece~sary by engaging an independent
body or agency. [1058-F; 1059-C-D-E]

Mo/tinder Sain Ciwg v. State of Punjab. [1991] 1 SCC 662 relied on.
B
7. In view of the acceptance of the CBI report, necessary prosecutions
shall be launched early against all concerned, however high or low they
may be in the hierarchy of officialdom. [1059-F]

8. The appellants should be compensated with costs. Each of the four
members of the Selection Board shall pay Rs. 10,000 costs personally and
c
the same shall not be debited to the account of the State. [1059-G-H]

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 726 of
1993.
D
From the Judgment and Order dated 10.9.90 of the Punjab &
Haryana High Court in C.W.P. No. 8286 of 1990.

WITH
..
Civil Appeal No. 727 of 1993. I-·
From the Judgment and Order dated 10.9.90 of the Punjab &
Haryana High Court in C.W.P. No. 171 of 1990.

Gobinda Mukhoty, AK Ganguli, R.K. Garg, S.C. Mohharta, Ranbir
Yadav, A. Mariarputham, Arona Mathur, N.A. Siddiqui, KC. Bajaj for Ms. F
Indu Malhotra, Mahabir Singh, SK Mishra, Narender Kaushik, Pardeep
Gupta, K.K. Mohan, B.S. Mor, V. r'vlaya Krishanan, Panna Lal Syngal,
Franklin David, S.K. Mehta, Dhruv Mchla, Aman V:1ckher, A.K Sanghi,
KK Gupta, K.R. Nagaraja and KB. Rt>htagi for llK :1ppearing parties.
G
The Judgment of the Court was delivered by

MOHAN, J. Bolh these cases can be dealt \Vilh under a con1mon
judgment .since \Vhat ari.se.s for our considcralion i.:; the validity nf selection
of Taxation Inspectors by the Subordinate Selection Bnard (hereinafter
referred to as the Board). The appellants arc unsuccessful c<.indidat...:s. 11
1048 SUPREME COURT REPORTS [1994] 3 S.C.R.

A The Board issued an advertisem,ent bearing No. 5 of 1986 on 22.11.86
inviting applications for 96 posts for Taxation Inspectors in Excise and
Taxation Department. Out of these 96 posts 24 were reserved for scheduled
castes, 10 for backward classes and 17 for ex-servicemen of Haryana. The
minimum qualification was graduation of a recognised University or
equivalent and knowledge of Hindi upto Matric level. The selection was to
B be made on the basis of written test of 250 marks and viva voce test. The
candidate will not be eligible unless he obtained 33 per cent marks in each
subject and the minimum of 40 per cent in the aggregate. In response to
the advertisement many candidates applied but for some reason the written
test could not be conducted.
c
The Board again advertised for the very same number of 96 posts of
Taxation Inspectors as per the Advertisement No. 3 of 1988 dated 7.7.88.
The reservation was as was done previously. The other conditions and
qualifications were also the same. It was mentioned in this advertisement
D that those candidates who had earlier applied against Board's Advertise-
ment No. 5 of 1986 and were eligible according to the prescribed qualifica-
tions, need not apply again. The previous applications would be considered
for these posts. It requires to be stated aCthis stage that the Board first
allotted roll numbers to the applicants who applied in 1986 then to the
candidates who applied in 1988. The continuity of the roll numbers was
E maintained.

The Board conducted the written examination at various centres in
the State of Haryana on 17.12.88 and 18.12.88. On receipt of the answer
books from different centres a key book was got prepared by the Secretary
of the Board with the help of the confidential branch. This key book
F contained the following particulars :-

(i) The name of the candidate with the parents' name.

(ii) Roll No.
G
(iii) The details of the subject of the written test.

Fictitious roll numbers were allotted to each candidate in the key
book by removing the original roll number slips. Thereafter, the answer
books were sent to differeµt examiners for evafoation. After examining the
H answer books, the examiners were required to prepare an award list which
K. YADAVv. STATEOFHARYANA[MOHAN,J.J 1049

is a summary indicating the fictitious roll number of the candidates and the A
marks obtained by them in each subject. On receipt of the answer books
the marks obtained by the candidates in each subject were entered in the
key book. On the basis of the key book award lists and answer books, the
result of the written test was prepared by the Board. Thereafter the same
was published by displaying it on the notice board.
B
Any candidate who desired to get his answer book re-checked could
do so within a period of 30 days from the declaration of the result of written
test only after depositing the prescribed fee. Such a procedure was indi-
cated in the rules. This was also the practice prevalent in the Board.
c
However, strangely, the interviews were directed to take place on
3.10.89 after the expiry of only 17 days. The interviews were held in three
different centres : (1) Hissar, (2) Karna! and (3) Pinjore. Therefore, three
interview committees had to be constituted. Each committee consisted of
twu Board Members an<l one Advisor from Excise and TaXation Depart~ D
ment. The interviews went on till 12.10.89. About 200 candidates were to
be interviewed by each committee on each day. The appellants claim that
their performance in the interviews was excellent. Therefore, if judged on
the basis of the written test and performance of the interview they ought
to have been selected on the basis of the merit.
E
Originally, 4th respondent, Anand Singh Dangi was the Chairman of
the Board. He resigned. After his resignation a new Chairman in his place
was appointed by the State Government. After the appointment of the new
Chairman on the next day the selection list for the post in question was
finalised. That list was sent to the Department secretly. This was in clear F
violation of the norms which requires publication on the notice board so
that it could be made known to the public. The selection list was kept a
highly secret document. The same was sent to the second respondent (the
Excise and Taxation Con1n1issioner) by hand. Appointn1ent letters were
issued after calling the selected candidates. Joining reports from all the
selected candidates were obtained in Chandigarh on the spot. Some of G
them \Vere sho\vn to have joined the respective place of posting. No
medical examination for selected candidates \Vas conducted nor \Vere their
antecedents got verified before actual appointn1ent. This \viii clearly estab-
lish that favouritism, nepotism, unfairness and a good deal of political
influence played a vital role in this selection disregarding merit altogether. H
1050 SUPREME COURT REPOF.TS [1994] 3 S.C.R.

A For reasons best known the original record including the answer
books were destroyed on 27.12.89. This is attacked by the appellant as an
attempt to cover up the illegalities committed by the Board.

Primarily, on these allegations several writ petitions were filed before
the High Court pf Punjab and Haryana. The facts as obtainable in C.W.P.
B No. 7748 of 1990 were taken into consideration. The Righ Court was of
the opinion that in view of the fact that all answer sheets and the tabulation
sheets having been destroyed the allegations of the petitioners therein
could not be ascertained. The award of 100 marks for viva voce would work
out to 28.5 per cent of 250 marks. This was not excessive. Ultimately, a
C direction was given not to fill in beyond the advertised number of 96 posts.
The other writ petitions came to be dismissed applying the ratio of this
judgment.

Aggrieved by the judgments dated 10.9.90 and 10.8.90 passed by the
High Court in C.W.P. No. 8286 of 1990 and C.W.P. No. 8171 of 1990
D Krishan Yadav and Ashok Kumar, the appellants herein, have preferred
Civil Appeal Nos. 726 and 727 of 1993 respectively.

In view of the se1ious al1cgations made particularly the destruction
of records alleged to be for want of space this Court passed orders on
E 9.10.91 directing the Government of Haryana to refer the matter to the CBI
for investigation and to complete the investigation within 3 month". The
time for completing the investigation was extended. The Superintendent of
Police, SPE/CBl/Chandigarh has filed a detailed report. We record the
same.

F The arguments on behalf of the appellants addressed by their learned
counsel Mr. Gobinda Mukhoty and Mr. A.K. Ganguli may be summarised
thus. This is a clear case in which various acts of nepotism and favouritism
have been committed. The whole selection is arbitrary. Very conveniently
destruction of records is pleaded. Unfortunately, the High Court has not
given much attention to the allegations and examined the veracity of these
G allegation. When the respondents sought cover under the destruction of
records that plea had come to be accepted. As a result the appellants'
allegations could not be verified. This is hardly the way to render justice.
Fortunately, ~efore this Court there is· a report of the C.B.I. This will
clearly estabJ,ish· how there is conce.rted fraud. Persons in authority have
H played truant wi\h .~he fate of many candidates. There are overwritings and
K. YADAVv. STATEOFHARYANA[MOHAN,J.] 1051

interpolations 1n the selection list. Persons \Vho did not attend the interview A
have been awarded marks. Forgery has been committed. There are sveral
cases v1hcrc the persons took the viva voce have been declared absent in
the final selection list. Political influence has had a free hand. Hence the
entire selection will have to be set aside.

In opposition to this, Mr. R.K. Garg, learned counsel for the selected B
candidates, argued that they are not, in any manner, responsible for the
alleged fraud or nepotism. Therefore, "the sins of the others" should not
be visited upon the seJectees. Even otherwise, as on today, they have
rendered service for nearly 4 years. If they are thrown out of the jobs now,
they will be on the streets. It will work great a hardship. Therefore, the c
selections may be spared and the authorities concerned may be pulled up
for the lapses. Even otherwise, the Court should so mould the relief as to
protect the interest. Soul<l a further selection be directed the question of
relaxation of age may also be considered.

D
It is not possible for this Court to enter into the factual domain and
decide the case one way or other. We have already mentioned about
recording the report of C.B.I. We will go only by that, as the report
commends itself to acceptance. In our considered opinion, the C.B.L has
done a commendable job and has not failed to call a spade a spade, without
shielding anyone concerned including a Minister. We will extract the E
following from the report setting out our conclusion at the end of each
extract :

"The investigation has revealed that the interview sheets of some

- af the Board Members were either blank or they had awarded their F
assessn1ents in Alphabet ABC. At Pinjore, interviews were to be
conducted by the Chairman, Shri Nirpal Singh Malik, Rao Imler
Pal and Shri H.M.L. Miglani. The interview sheets meant for the
Chairman Shri Nirpal Singh Malik were totally blank showing as
if they had not recorded anything on the interview sheets. On all
the dates only one member from the Board was present in the G
interview whereas Shri H.M.L. Miglani Adviser, remained present
on all the dates. Shri Nirpal Singh Malik was never seen by Shri
Miglani at the Interview Centre. On the first day of the interview,
Shri Miglani had met Sh. Dangi, Chairmart at the Interview Centre
and he was asked by Shri Dangi to allot marks extra for additional H
1052 SUPREME COURT REPORTS [1994] 3 S.C.R.

A qualifications of Post Gr-aduate/LL.B. etc. Accordingly, he allotted
marks on his interview sheet out of 25 and for those who had
additional qualifiactions, he had allotted 5 marks extra (to them).
He did not see Sh. Puneet Jain attending the interview at Pinjore
and he has not interviewed him .......... "

B (Conclusion"- No interview)

"In one of the interview sheets, Shri Shakti Singh (Roll No. 6600)
is shown to have been interviewed by Shri Bachna Ram on 12.12.89
whereas the same candidate has been shown to have been interviewed
c on 19.10.89 by S/Sh. Samey Singh Kamboj and Rao Jnderpal Singh.
Similarly, in one of the interview sheets, 4 candidates viz. S/Sh. Ram
Kumar (Roll No. 17859), Narender Singh (Roll No. 18540), Suman-
shiv Rana (Roll No. 18851) and Ram Singh (Roll No. 23101) have
been shown to have been interviewed in Board's office by Shri Samey
Singh Kamboj on 30.10.89 whereas the same candidates have also
D been shown to have been interviewed on 19.10.89 by Rao Interpal
Singh and Samey Kamboj, in the Boards Office ............ "

(Conclusion :- Fake interview)

"The relevant attendance sheet and other sets of interview sheets
E
did not contain the name of Shri Mohinder Singh and he had not
appeared in the interview at Kamal on 12.10.89.' The sheet No. 88
of Interview sheets dated 12.10.89 for Pinjore was also typed and ·'
prepared by Shri Bhupinder Pal Singh in April, 1990. Both S/Shri
Sarney Singh Karnboj and Rao Inderpal had signed this sheet after
F 6th April, 1990 but they had backdated their signatures."

(Conclusion : Ghost Interview)

The records like key book, Answer Books and Award lists which
could tell the marks obtained in the written test by the candidates
G are not available with the Board. In view of this position, it is not
possible to contradict the marks of the written test shown in the
166 pages list. The marks of interview have been shown in the
interview sheets prepared subsequently as well as in the 166 pages
list. The scrutinity of these records has revealed grave ir-
H regularities.11
K. YADAVv. STATEOFHARYANA[MOHAN,J.] 1053

Sr. Marks shown in Marks of Interview A
Roll No.
No. Interviews sheet shown in 166 page list
-
1. 1906 Pen 9 Pencil 8 8
2. 2339 6 7
3. 2734 5 9
B
4. 2735 7 5
5. 2739 6 7

(Conclusion : Grave irregularities)

"When the Board received notice from the Hon'ble High Court
c
for filing replies and for production of records, the entire record
of selection viz. key book, Interview sheets, result of written test
etc. were available with Shri A.P. Jain and he used to keep the
same in his Almirah. In order to justify the selection made by the
Board, S/Shri A.P. Jain and Bachna Ram, with the active assistance D
of S/Shri Devi Dayal and Samey Singh Kamboj, prepared and
completed the record of selection for several days in the Board's
Office and they used to sit late hours in the office for the said
purposes .......... 11

(Conclusion :- Fabrication of records)
E

"It was some time in the month of November, 1989 that Shri Rajiv
Kumar Mahindra the then daily wages typist was called by Shri A.P.
Jain in his roont and he was asked not to leave the office after 5
O'clock. In the eventing, he came to the room of Shri A.P. Jain when F
the staff had left the office and Shri Jain gave him one attendance
sheet bearing the signatures of the candidates and he asked him to
add the nantes of his son Shri Puneet Jain in the said attendance
sheet by typing out a fresh attendance sheet. Accordingly1 he ty11ed
out the na1nes, addresses and other pa1ticulars of the candidates and
included the name of Slui Puneet Jain in that sheet. He delivered G
all the copies of the said sheet including the original attendance
sheet to Shri A.P. Jain. Thereafter he showed him another sheet
of the interview sheets used for the post of Taxation Inspector and
asked him to find out the relevant typewriter used for typing out
the said sheet. The said sheet contained the interview marks H
1054 SUPREME COURT REPORTS (1994]3 S.C.R.

A written in pencil. He asked Shri Mahindra to bring the specimen
impressions of all the typewriters of the Typing Branch which he
brought and the relevant typewriter was found out and brought to
the room of Shri A.P. Jain by Shri Mahindra. Shri Jain asked him
to type out the name, address and other particulars of Shri Puneet
Jain under the name of Shri Pawan Kumar in one copy of the
B
interview sheet which contained the marking in pencil. Fitst, he
typed out the said particulars after Shri Pawan Kumar (Roll No.
9722) which was objected by Shri Jain who asked him to type out
the said particulars of Shri Puneet Jain under the other name of
Shri Pawan Kumar having roll No. 9728. Accordingly, he again
c typed out the particulars of Shri Puneet Jain under the name of
Shri Pawan Kumar having roll No. 9728 after erasing the earlier
one. In this wiry, he inserted the name of Shri Puneet Jain in the
relevant interview sheet of the Adviser for the post of the Taxation
Inspectors interview held on 6. 10.89 at Pinjore. He had done so as
D he was working on daily wages under Shri A.P. Jain and he had
fear in his mind that his services would be terminated in case he
did not comply. One of the sheets typed by Shri Rajeev Mahindra
by including the name of Shri Puneet Jain was used by Shri A.P.
Jain as attendance sheet. On this sheet, Shri Puneet Jain put his
E genuine signatures in order to show as if he attended the interview
on 6.10.89 at Pinjore and the signatures of the remaining candidates
were forged on the said attendance sheet. Seven such signatures were
forged by Shri Mahavir Sharma, Daily Wages Worker who joined the
department on 2nd May, 1990 which has been confirmed by the
handwriting expert also. Shri A.P. Jain asked Shri Mahavir Sharma
F tnat certain records pertaining to Taxation Inspector were to be
prepared for filing in the High Court and he asked him to forge
the signatures of certain candidates on the attendance sheet which
he did under his directions. For this purpose, he provided him the
original sheet on which the signatures of the original candidates
G existed. On seeing the signatures from that sheet, he was asked to
forge the signatures of the candidates on the attendance sheet
which was already available with Shri A.P. Jain. He did this job in
the room of Shri A.P. Jain in the late hours. Shri A.P. Jain had
also asked him to write down the marks in pencil against the name
H of certain candidate on certain interview sheets. For this purpose,
•
K.YADAVv. STATEOFHARYANA[MOHAN,J.] 1055

he gave him rough sheet on which marking was already done and A
on that basis he was asked to copy out the same in his handwriting
in pencil on the other copies of the Interview sheets. He has also
stated to have forged the signatures of Shri Rao Inderpal. On
certain interview sheets but he does not remember whether those
interview sheets pertained to Taxation Inspectors or Patwaris. All B
the pencil markings on sheet No. 29 of the said set of Interview
sheets dated 6.10.89 for Pinjore, were written by him as stated by
him. This sheet indicated the markings of interview and marks
obtained by the candidates including Shri Puneet Jain in various
examinations. He admitted having practised the signatures of Shri
Rao Inder Pal on the back side of sheet No. 6 of the office copy C
of the interview sheet dated 6.10.89 for Pinjore. Similarly, pencil
markings in column Nos. 4 to 8 of sheet No. 77 of interview sheets
dated 12.10.89 of Hissar, were written by Shri Mahavir Sharma
under the directions of Shri Jain on the basis of the interview sheet
given to him. The additional sheets serially marked 1 to 4 attached D
with the blank set of interview sheets dated 12.10.89 of Hissar, were
also written by Shri Mahavir Sharma and these sheets indicated
the names and other particulars of the candidates interviewed at
Hissar on 12.10.89."

(Conclnsion :- Forgery) E

"This note of Shri A.P. Jain indicated that all the relevant
records including the Key Book and Award Lists pertaining to the
written test for the posts mentioned in 26 categories of posts which
included the post of Taxation Inspectors at SI. No. 1 were available F
in the office on 2.2.90. Thereafter, Shri A.P. Jain wrote letter dated
2.2.90 to the Chief Secretary, Govt. of Haryana mentioning therein
what the reports received within the Subordinate Services Selection
Board revealed that there was nothing outstanding against Shri A.S.
Dangi. Thereafter, the resignation of Shri A.S. Dangi was accepted
from the post of Chairmanship of the Board. G

After Shri Dangi left the Board, no Chairman conld be ap-
pointed by the Govt. for a few months. Shri A.P. Jain, then used
to receive the instructions directly from the higher ups and would
execute the same ........... n H
1056 SUPREME COURT REPORTS [1994) 3 S.C.R.

A (Conclusion :- Action at the behest of higher ups)

"On 20.4.90, Shri A.P. Jain sent another list of 12 candidates (7
general category, 2 SC category, 2 Ex-Serviceman and 1 backward
class category) to the Excise & Taxation Commissioner for issuing
appointment letter to them. This list was received m the office of
B Excise and Taxation Commissioner on 20.4.90 at 5.50 P.M. This
list included the name of Shri Mal Dev (Roll No. 15170) at SL No.
5 under general category, who was related to Shri Tyagi, the then
State Minister of Haryana. In fact, Shri Tyagi had also forwarded
a not dated 23.4.90 to the fa:cise and Taxation Commissioner
c directing that all the 96 candidates sponsored by the Board should
be issued appointment letters irrespective of their categories. In
other words, he wanted the Excise and Taxation Commissioner to
issue the appointment letter to all the candidates of the general
category also ............"

D (Conclusion :- Ministerial inteference)

"Out of the remaining 14 disputed candidates, one candidate
namely Sh. Puneet Jain, Roll No. 9749 is the son of Sh. A.P. Jain,
•
the then Secretary of the Board. The evidence on record clearly
shown that he had not appeared for the interview on 6.10.89 at
E
Pinjore as shown in the fabricated record and that he has also been
selected arbitrarily. Investigation has revealed that the original
relevant page of the interview sheet was removed from the record and
the same was replaced by a fabricated one. The typewriter impres-
sion of the relevant page in the attendance sheet as well as in the
F interview sheet of the member of the Board is the same whereas
it is different from the typewriter impression of the same page
available in the Advisor's copy of the interview sheet. Investigation
has revealed that Shri A.P. Jain got a fresh sheet typed much after
the completion of the interview, from a daily wage worker by
G including the name of his son Sh. Puneet Jain and he got inserted
the name of his son in the Advisor's copy of the interview sheet

(Conclusion :- Favouritism)

H The above extracts unmistakably establish the "misdeeds" of the
K. YADAVv. STATEOFHARYANA[MOHAN,J.j 1057

Board. A
Having regard to all the above, the irresistable conclusion is 11 fraud
has reached its crescendo". Deeds as foul as these are inconceivable much
less could be perpetrated. We are reminded of the words of Shakespeare:

"This much of this, will make B
Black, white; foul, fair;
wrong, right; Base, noble;
Ha, you gods! why this?"

(Timon of Athens. Act IV. Sc. 3)
c
It may not be too much to draw an inference that all these were
motivated by extraneous considerations. Otherwise, how does one account
for selection without intereview, fake and ghost interviews, tampering with
the final records, fabricating documents, forgery? Each of this would
attract the penal provisions of Indian Penal Code. They have been done D
with impunity.

- •
The story does not end here. From out of the "selection list" secret
communications have been sent to the candidates. Selections were made
without mediC.: test or verification of antecedents.
E
It is highly regrettable that the holders of public offices both big and
small have forgotten that the offices entrusted to them are sacred trusts.
Such offices are meant for use and not abuse. From a Minister to a menial
everyone has been dishonest to gain undue advantages. The whole ex-
amination and the interview have turned out to be farcical exhibiting base
F
character of those who have been responsible for this sordid episode. It
shocks our conscience to come across such a systematic fraud. It is sonie-
what surprising the High Court should have taken the path of least resis-
tance stati,ng in view of the destruction of records it was helpless. It should
have helped itself. Law is not that powerless.
G
In the above circumstances, what are we to do? The only proper
courses open to us is to set aside the entire selection. The plea was made
that innocent candidates should not be penalised for the misdeeds of
others. We are unable to accept this argument. When the entirelielection
is stinking, conceived in fraud and delivered in deceit, individual innocence H
1058 SUPREME COURT REPORTS [1994] 3 S.C.R.

A has no place as "Fraud unreavels everything". To put it in other words, the
entire selection is arbitrary. It is that which is faulted and not the individual
candidates. Accordingly we hereby set aside the selection of Taxation
Inspectors.

The effect of setting aside the selection would mean the appoint-
B
ments held by these 96 candidates (including the respondents) will have no
right to go to the office. Normally speaking, we should require them to
disgorge the benefit of these ill-gotten gains. That means they will have to
repay the entire salary and perks which they have received from the said
office. But, here we show a streak of sympathy. For more than 4 years they
C were enjoying the benefit of "office". The proper lesson would be learnt by
them if their appointments are set aside teaching them that dishonesty
could never pay.

The next question is what is the future course of ac\ion? It is hereby
D ordered:

tors.
(i) A fresh selection shall be made for 96 posts of Taxation Inspec-

(ii) All candidates who had applied in response to Advertisement
< -
E No. 3 dated 7.7.88 and who were found eligible will be entitled to take such
an examination.

(iii) The total marks for written examination shall be 200.

p (iv) The total marks for viva voce shall be 25 that is not more than
121'2 per cent as has been laid down in Mo/tinder Singh Garg v. State of
Punjab' [1991] 1 sec 662 with reference to the very post.

(v) The advertisement announcing the fresh examination shall be
G issued immediately, fixing the last date as 30th June, 1994.

(vi) Intimation as to the acceptance of applications and the schedule
of the examination shall be given on or before 16th of August, 1994.

(vii) The examination shall commence in as many as centres. as
H required from 1st of September, 1994.
K. YADAVv. STATEOFHARYANA[MOHAN,J.] 1059

(viii) The evaluation shall be completed before 31st of October, 1994. A

(ix) The marks obtained shall be published in three prominent dailies
having large circulation in the State of Haryana in addition to the display
on the notice board.

(x) The number of candidates called for viva voce sholl not exceed B
three times the number of posts to be filled.

(xi) The viva voce shall commence from 7th of November, 1994 and
be completed by 25th November, 1994. The final analysis of the tabulated
results shall be submitted to this Court on or before 10th of December, C
1994.

We make it clear that not one of the persons connected with the
previous examination shall be allowed to have anything to do with the
present examination. We expect strict compliance with this order. Under
no circumstances will there be an extension of time in this regard. The State D
shall endeavour its best to 8ee that the examinations are conducted fairly
' without giving any room for any complaint. If necessary, it could have an
independent body or agency in order that it may infuse confidence and
make people believe that the misdeeds complained of in this case constitute
an isolated chapter and a thing of past. E

(xii) Since we have accepted the C.B.I. report we direct that neces-
sary prosecutions be launched early against all concerned however high or
low they may be in the hierarchy of officialdom. The State Government will
do well to grant the necessary sanctions if so required without undue delay. F
The Chief Secretary of the State of Haryana shall pay his best attention to
this.

The candidates like the appellants have suffered immensely in view
of the arbitrary selection. They have been waging battles relentlessly. They
should be compensated adequately. We think the lea5t that we could do is, G
they should be compensated at least in a small way. Therefore, we impose
a cost of Rs. 10,000 (Rs. T~n Thousand only) on each of the respondents
1 to 4 making it clear that each member of the selection board shall pay
out of person and the same shall not be debited to the account of the State.
Normally, we should have awarded costs against A.P. Jain who is the iron H
1060 SUPREME COURT REPORTS [1994] 3 S.C.R.

A villain as per the report of the C.B.I. but unfortunately he is not impleaded
as a party. But we comforted by the thought that the Jong arm of law will
not fail to reach him. The award of cost is only to express our profound
displeasure on this unjust and arbitrary selection.

All these efforts by us are aimed at cleansing the public administra-
B tion. No doubt, it may be stupendous task but we do hope this small step
will make great strides in the days to come. Accordingly, the appeals stand
allowed.

R.R. Appeals allowed.

)•