VidhiSangh

Supreme Court of India · 16/11/2021

MOHD. MUSTAFA versus UNION OF INDIA & ORS.

[2021] 11 S.C.R. 163 · 2021 INSC 731

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Summary

The Court upheld Dinkar Gupta’s selection as Punjab DGP and rejected challenges to UPSC’s empanelment process. The guidelines implemented Prakash Singh through assessment of service record and relevant experience within the eligible field; seniority did not compel inclusion irrespective of merit. The belated bias objection was barred by knowing participation without protest, so the Court did not further adjudicate its factual allegations. Judicial review did not permit reassessment of comparative merit.

Issues

  1. Whether UPSC’s guidelines and selection of core policing areas departed from Prakash Singh.
  2. Whether the expert committee was required to select solely by seniority or record reasons for its assessment.
  3. Whether the applicants could raise a known committee-composition bias objection only after an adverse result.

Held

Result

Appeals dismissed. The High Court judgment setting aside the Tribunal’s decision and sustaining Dinkar Gupta’s appointment as DGP (Head of Police Force), Punjab was affirmed.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 163.