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Smart Summary

Factual and Procedural Background

Gurdayal Singh Fiji, a member of the Punjab Provincial Civil Service, filed a writ petition (argued by him in person) complaining primarily of the non-inclusion of his name in the IAS Select List. He asserted that despite being one of the seniormost officers with a consistently good overall service record, two adverse remarks by two officers led to the denial of a certificate of integrity, which in turn resulted in his name not being included in the IAS Select List.

Earlier, by an order dated March 9, 1979, the Court directed the IAS Selection Committee to hold a special meeting to consider his inclusion. Pursuant to that order, the Selection Committee held a special meeting on July 21, 1979 and found him unsuitable for inclusion. The Selection Committee’s recommendation was approved by the Union Public Service Commission (UPSC). An affidavit from Shri D.C. Misra (Director, Department of Personnel and Administrative Reforms, Ministry of Home Affairs, New Delhi) was filed to show that the petitioner's case was properly considered on merits.

Legal Issues Presented

  1. Whether the petitioner’s non-inclusion in the IAS Select List (including the refusal of a certificate of integrity allegedly based on adverse remarks) was wrongful or illegal, warranting interference in writ jurisdiction.
  2. Whether, given the petitioner’s age (55 years) and the applicable age bar, his case for inclusion in the IAS Select List could be considered.

Arguments of the Parties

Petitioner’s Arguments

  • He was among the seniormost officers and had a consistently good service record overall.
  • Two adverse remarks by two officers prevented the issuance of a certificate of integrity.
  • The adverse remarks were alleged to be mala fide and unjustified.
  • The refusal to grant the certificate of integrity and the consequent non-inclusion in the IAS Select List were claimed to be wrongful and illegal.

Respondents/Authorities’ Position (as reflected in the opinion)

  • The petitioner’s case was considered on merits by the IAS Selection Committee in a special meeting held pursuant to the Court’s earlier order.
  • The Selection Committee is an independent body; its recommendation was approved by the UPSC.
  • An affidavit by Shri D.C. Misra was relied upon to show proper consideration on merits.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court stated it could dispose of the writ petition on a short point and therefore did not set out all facts and circumstances at length, though the petitioner took the Court through the records and documents supporting his case.

The Court emphasized that, following the grievance regarding non-inclusion, it had already directed the IAS Selection Committee (by order dated March 9, 1979) to consider the petitioner in a special meeting. The Selection Committee met on July 21, 1979 and found the petitioner unsuitable for inclusion; this recommendation was then approved by the UPSC. The Court highlighted that the Selection Committee is an independent body and that its recommendations require UPSC approval.

Relying on the affidavit of Shri D.C. Misra and the record before it, the Court concluded that the petitioner’s case had been properly considered on merits by the competent bodies. The Court found nothing on record to persuade it that the Selection Committee’s decision was improperly arrived at or otherwise motivated. It also observed that the petitioner could not claim inclusion in the Select List as a matter of right, since the Select List is prepared based on suitability assessed on merits.

Additionally, the Court noted an independent bar to relief: the petitioner was 55 years old and the applicable age bar in the matter of inclusion in the Select List debarred him from being included.

Holding and Implications

DISMISSED: The writ petition was dismissed, with no order as to costs.

Implications: The petitioner’s claim for inclusion in the IAS Select List failed because the Selection Committee found him unsuitable and the UPSC approved that recommendation, and because he was also barred by age from inclusion in the Select List. The opinion does not indicate that any new precedent or broader legal rule was laid down beyond the direct resolution of the petitioner’s claim.

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    Gurdayal Singh Fiji v. State Of Punjab And Others

    A.N Sen, J.— Gurdayal Singh Fiji, a member of the Punjab Provincial Civil Service, has presented this writ petition in person and he has argued his own case in person.

    2. The main grievance of the petitioner in this writ petition appears to be against the non-inclusion of his name in the IAS Select List.

    3. It is the case of the petitioner that he is one of the seniormost persons in the service with a consistently good record of service on the whole, but because of two adverse remarks by two officers, certificate of integrity has not been given to him. The petitioner submits that the adverse remarks made against him were mala fide and unjustified and the refusal to grant him a certificate of integrity and to include his name in the IAS Select List is wrongful and illegal.

    4. As this writ petition may be disposed of on a short point, it does not become necessary for us to set out at length the various facts and circumstances of this case. The petitioner has taken us through the records and the various documents filed in support of his case made in the writ petition.

    5. In view of the grievance made by the petitioner as to non-inclusion of his name in the Select List, this Court by an Order passed on March 9, 1979 directed the IAS Selection Committee to hold a special meeting to consider the question of inclusion of the name of the petitioner in the Select List. Pursuant to the Order passed by this Court, IAS Selection Committee held'a special meeting on July 21, 1979 and the Selection Committee found the petitioner to be unsuitable for inclusion in the Select List. It may be noted that the IAS Selection Committee which prepares the Select List is an independent body and recommendations of the IAS Selection Committee further requires to be approved by the Union Public Service Commission. The decision taken by the IAS Selection Committee at the meeting held on July 21, 1979 pursuant to the Order of this Court refusing to include the petitioner in the Select List was approved by the Union Public Service Commission which agreed with the recommendation. An affidavit has also been filed by Shri D.C Misra, Director, Department of Personnel and Administrative Reforms, Ministry of Home Affairs, New Delhi. The averments made in this affidavit go to establish that the case of the petitioner for inclusion in the Select List was properly considered by the Selection Committee on merits. As we have earlier noticed, the Selection Committee is an independent body and there is nothing on record to pursuade us to hold that the decision of the Selection Committee was not properly arrived at on consideration of the merits of the case and was, in any way, otherwise motivated. The petitioner cannot claim to be included in the Select List as a matter of right. The Select List is prepared by the Selection Committee on consideration of the merits on the basis of suitability of the officer concerned and recommendations made by the Selection Committee have to be approved by the Union Public Service Commission.

    6. As the Selection Committee has not considered the petitioner to be suitable to be included in the Select List and the Union Public Service Commission has agreed with the recommendation of the Selection Committee, the claim of the petitioner for inclusion in the Select List must fail.

    7. There is another aspect of the matter which goes to establish that the case of the petitioner for inclusion in the Select List cannot now be considered. The petitioner is now 55 years of age and the age bar in the matter of inclusion in the Select List debars the petitioner from being included in the Select List. In the result this petition fails and is, therefore, dismissed. There will, however, be no order as to costs.

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    Gurdayal Singh Fiji v. State Of Punjab And Others
    (Oct 14, 1981)