VidhiSangh

Supreme Court of India · 11/07/2022

BIJU K.K. versus COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI & ORS.

[2022] 7 S.C.R. 596 · 2022 INSC 674

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Summary

A daily-wage Technical Assistant at Cochin University of Science and Technology applied under a 2010 notification for the regular post but was placed low in the rank list because the selection committee gave him fewer marks for experience, ignoring his daily-wage service. His writ petition also alleged that two selected candidates lacked the prescribed qualification of a first-class diploma in computer science with three years' experience in an engineering college laboratory. A Single Judge of the Kerala High Court set aside one appointment as illegal but declined to examine the petitioner's own grievance or the sixth respondent's eligibility, holding that the selection committee's decisions were not open to judicial review; the Division Bench affirmed. The Supreme Court remanded.

Issues

  1. Whether a High Court hearing a challenge to a selection committee's award of marks and assessment of eligibility may decline to decide specific pleas on merits merely because the committee has taken a decision.
  2. Whether the petitioner's daily-wage service should have counted as experience, and whether the sixth respondent satisfied the advertised eligibility criteria.

Provisions considered

Held

Result

Appeal partly allowed; the judgments of the Division Bench (30.06.2016) and the Single Judge of the Kerala High Court set aside and the writ petition remitted to the Single Judge for fresh decision on the experience marks and the sixth respondent's eligibility within six months. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 596.