SUPREME COURT OF INDIA

Before:- Sujata V. Manohar and D.P. Wadhwa, JJ.

Civil Appeal No. 3497 of 1998 (Arising out of S.L.P. (C) No. 107 of 1998). D/d. 24.7.1998

Rasmiranjan Das - Appellant

Versus

Sarojkanta Behera - Respondents

Constitution of India, Article 16 - Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991, Rule 3(1) - Selection - Near relation - Degree of relationship between candidate and members of selection committee by six degrees - Candidate cannot be considered as a near relation to the member of Selection Committee - Setting aside selection of the appellant to the post as clerk - Set aside.

[Para 2]

JUDGMENT

Sujata V. Manohar, J. - Leave granted.

2. The High Court has set aside the selection of the appellant to the post of clerk in Sailo Grama Panchayat High School only on the ground that out of five members of the Selection Committee, one of the members was related to the appellant. The State has filed an affidavit setting out that the selection was properly made after a written test and an interview. Rule 31(1) of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 prohibits participation in selection by a near relation of any candidate. In the present case, the degree of relationship between the appellant and the member of the Selection Committee is remote by six degrees. Therefore, the appellant cannot be considered as a near relation of the member of the Selection Committee. Since this is the sole ground for setting aside the selection by the High Court, we set aside the order of the High Court.

3. The appeal is accordingly allowed. In the circumstances, since this is a Legal Aid matter, there will be no order as to costs.

Appeal allowed.