Tags: Selection panel , SC

New Delhi, Nov 30: The Supreme Court has ruled that the "principle" that officials, whose close kith and kin is an aspirant for a post, should withdraw from the selection process would not apply in case of Constitutional positions.

Otherwise, the Constitutional post would become headless, leading to a peculiar situation, according to a three-judge bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal.

"The principle, which requires that a Member of Selection Committee, whose close relative is appearing for selection, should decline to become a Member of the Selection or withdraw from it leaving it to the appointing authority to nominate another person in his place need not be applied in case of a Constitutional authority like the Public Service Commission, whether Central or State," the apex court observed.

"And it may sometimes happen that no other Member is available to take the place of such Chairman or Member and the functioning of the Public Service Commission may be affected," it further observed.

The apex court passed the ruling while giving a clean chit to H B Mirdha, who was chairman of the Orissa Public Service Commission.

The President of India had earlier made a reference to the Supreme Court under Article 317 following complaints of corruption and other irregularities during conduct of the Orissa Civil Services Examination, 2000.

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