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SIC doesn't have power to ensure action against the erring official

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The strident approach of the Commission had the most undesirable effect of terrorizing the appellant into subservience, and the materials on records suggest that the Civil Surgeon constituted a medical board to examine the extent of visual impairment of the concerned candidate(s). It will bear repetition to state that the authorities under the Act are vested with the power to ensure supply of information sought for as obtaining on the records, rather than the ideal or the legal state of affairs. We are mindful of the position that the selection process to the extent relevant in the present context concerns visually impaired persons.

But the Commission illegally took upon itself the task of injecting validity to the selection process. Instead of ensuring supply of factual position, he has gone to the length of directing the Director, Primary Education, to ensure action against the erring official. Such an approach is wholly beyond the jurisdiction of the Commission, being an authority of limited jurisdiction.- पटना हाई कोर्ट।




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