High Court can invoke its powers u/A 226 of Constitution to quash selection and appointment of Chairman SPSC: SC

Holding that the post of Chairman State Public Service Commission is constitutional in nature, the Supreme Court of India ruled that the High Court can invoke its wide and extra-ordinary powers in exceptional circumstances under Article 226 of the Constitution to quash such selection and appointment.
“….the High Court should not normally, in exercise of its power under Article 226 of the Constitution, interfere with the discretion of the State Government in selecting and appointing the Chairman of the State Public Service Commission, but in an exceptional case if it is shown that relevant factors implied from the very nature of the duties entrusted to Public Service Commissions under Article 320 of the Constitution have not been considered by the State Government in selecting and appointing the Chairman of the State Public Service Commission, the High Court can invoke its wide and extra-ordinary powers under Article 226 of the Constitution and quash the selection and appointment to ensure that the discretion of the State Government is exercised within the bounds of the Constitution”, the Court said.
The Court, thus, upheld the ruling of the Punjab and Haryana High Court quashing the appointment of Mr. Harish Dhanda as the Chairman of the Punjab Public Service Commission for non-consideration of relevant factors by the State Government implied from the very nature of the duties entrusted to the Public Service Commissions under Article 320 of the Constitution.

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