Mukund Swarup Mishra vs Union Of India & Ors

The Committee noticed that total number of marks that had been earmarked for each Member of the DSB was 100. The total number of marks earmarked for Chairman was also 100 initially but subsequently they were increased to 200. Thus, the maximum marks earmarked for the Chairman of DSB were equal to the maximum marks earmarked for the other two members of the DSB. The Committee, hence, observed; "In the matter of evaluation of merit, the marks awarded by the Chairman could, therefore, prove to be decisive in the selection process". The Committee further stated that 'it was also found by the Committee, in many cases, even though the other two members of the DSB had awarded more marks to the applicant/applicants placed at Nos. 2 and/or 3 in the merit panel, the applicant at No.1 was selected for allotment on the basis of very higher number of marks awarded by the Chairman of DSB. The situation became further aggravated when the DSB was composed of the Chairman and one member only because then, out of total number of 300 marks, the Chairman had 200 marks and the other member had only 100 marks. Even though the member had rated applicant/applicants at Nos. 2 and/or 3 on the merit panel better than the applicant at No.1, the applicant at No.1 was selected on the basis of higher number of marks awarded by the Chairman. This shows that the Chairman of the DSB, if so inclined, could play a crucial role in the selection of the candidate for allotment. The evaluation and award of marks by the Chairman of the DSB, was, therefore, of considerable significance. The Committee also regretfully noted that in a large number of cases, allegations have been made regarding political linkage and bias of the Chairman and in some cases, allegations of even corruption had been made against the Chairman. Since the Committee did not have any machinery to verify the veracity of those allegations, it had rested the conclusions on the evaluation and award of marks by the Chairman and Members of the DSB.

Having considered the basic issues, it is now time to consider individual cases.

STATE OF HIMACHAL PRADESH So far as Himachal Pradesh is concerned, sixteen cases were referred to the Committee and the Committee considered all the cases and found that in respect of five cases, the allotment was on merits while in eleven cases it was not on merits and was held to be vitiated. Four applicants, namely, Mahesh Kumar, Deshraj, Ms. Anita Kumari Sandal and Smt. Lakshmi Devi have approached this Court. We have gone through the report of the Committee and found that the Committee was right in its conclusions. We, therefore, hold that the cancellation of allotment in eleven cases cannot be said to be illegal or unlawful. All interim applications, therefore, deserve to be dismissed and are, accordingly, dismissed.

The case of Janendra Kumar Rai appears to be a border line case and in the facts and circumstances, in our opinion, allotment could not have been cancelled. Application of Janendra Kumar Rai is, therefore, allowed and recommendation for cancellation of allotment in his case is not accepted.

STATE OF GUJARAT In regard to Gujarat, eighteen cases were referred to the Committee. Seven were found to be on merit. Nine were not found to be on merit. Two were not considered. There are six applications. In the cases of Rathod Bhanu Mayabhai, Manek Jayadeep Karanbhai, Madhubhai Thakore and Bhartiben Nardevbahi Patel, we find that the Committee has rightly held that allotment could not have been made for the reasons recorded in the report. We have gone through the reasons which weighed with the Committee and find no illegality therein.

So far as Siddharaj Bharatsingh Rana and Manish Kantibhai Solani are concerned, no political connection was found and they are border line cases. In view of the said fact, in our opinion, it would be appropriate if allotment in their favour is not disturbed. We, therefore, allow these applications and set aside the cancellation. Regarding Hirasinh R. Baria, it was not case of cancellation as he was not an allottee. It was also stated that a petition is pending and the matter is sub-judice in the High Court of Gujarat. We, therefore, reject the application reserving liberty to pursue the matter before the High Court.

STATE OF TAMILNADU In the State of Tamil Nadu, eleven cases were referred to the Committee. Two were found to be on merit. Nine were found to be not on merit. Out of them, six have filed applications before us. The Committee dealt with cases of G.Raviraj, S. Guna Sekaran, K. Sanmugham, Arul R, A.P. Mahesh and Tamilkumaran and after considering the relevant guidelines held that allotment was vitiated as they were not in consonance with the guidelines. Having examined the Report, we accept the same in respect of all allottees. Consequently, all six applications are rejected.

STATE OF RAJASTHAN In respect of State of Rajasthan, the Committee considered forty-seven cases and found that ten were in order and remaining thirty-seven allotments were not in consonance with law. Out of them, thirty-three have filed applications. We have been taken to the reasoning recorded by the Committee. So far as Smt. Krishna Kanwar, Kundan Sharma, Prem Ratan and Rameshwar Khandelwar are concerned, it appears that they are in the nature of border line cases and we, therefore, hold that in respect of those four applicants, allotment may continue. The applications by those four are allowed and the cancellation is set aside. Regarding other cases, accepting the reasons recorded in the report by the Committee, we find that no illegality had been committed in cancellation. All those applications are, therefore, rejected.

PUNJAB In respect of State of Punjab, the Committee considered thirty-seven cases referred to it. It found that seven allotments were on merit and twenty-nine allotments were not in consonance with the guidelines. Out of them, twenty-six have filed applications. We have been taken through the reasoning recorded by the Committee. So far as cases of Shri Surinder Singh, Chander Kant Bhatia, Gurpreet Singh, Smt. Kanta Rani Smt. Suman Lata, Ms. Ruby Sekhri, Mr. Manmohan Singh, Mr. Rajesh Madan and Mr. Tejinder Singh are concerned, they appear to be border line cases. In our view, it may not be appropriate to cancel the allotment in favour of these nine persons. Their applications are allowed. Rest of the cases do not call for interference and the applications are rejected. There are six applications by non-allottees. They are also rejected as we are not concerned with non-allottees. State of Haryana In regard to State of Haryana, the Committee considered twenty-one cases referred. It found no irregularity in allotment in seven cases. It disapproved allotments in fourteen cases. Out of them, twelve have filed applications. We find no infirmity in the conclusions arrived at or reasons recorded by the Committee and no interference is called for. The other applications are rejected.

All interim applications with regard to above- mentioned States are disposed of, including applications for impleadment. Interim orders in favour of those applicants whose allotments have been cancelled would continue for three months and stand vacated thereafter. So far as remaining cases are concerned, they stand adjourned. Registry is directed to place the matters before Hon'ble the Chief Justice of India for listing of these matters before appropriate bench. Before parting with the matter, we would like to place on record our appreciation for Mr. Gopal Subramaniam, amicus curiae for onerous work undertaken by him and in placing before the Court necessary facts and circumstances so as to enable us to decide individual cases.