Near relation under selection rules did not apply where the relationship was remote, so the clerk's selection could not be invalidated.

Rule 31(1) of the Orissa Education (Establishment, Recognition & Management of Private High Schools) Rules, 1991 bars participation in selection by a near relation of a candidate. The Supreme Court found the relationship between the selected clerk candidate and a Selection Committee member to be remote, about six degrees apart, and therefore not a near relation within the rule. As the High Court had set aside the selection solely on that ground, the order could not stand and the selection was restored by setting aside the High Court's decision.

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Issues: Whether the appellant's selection to the post of Clerk could be set aside on the ground that one member of the Selection Committee was related to the appellant, and whether such relationship attracted the prohibition in Rule 31(1) of the Orissa Education (Establishment, Recognition & Management of Private High Schools) Rules, 1991.

Analysis: Rule 31(1) prohibits participation in selection by a near relation of a candidate. The relationship between the appellant and the member of the Selection Committee was found to be remote, being six degrees apart. On that basis, the relation did not amount to a near relation within the meaning of the rule. Since the High Court had proceeded only on this ground, the setting aside of the selection could not be sustained.

Conclusion: The relationship did not fall within the prohibition under Rule 31(1), and the High Court's order setting aside the selection was liable to be set aside.

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