VidhiSangh

Supreme Court of India · 11/02/2025

DR. AMARAGOUDA L PATIL versus UNION OF INDIA & ORS.

[2025] 2 S.C.R. 574 · 2025 INSC 201

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Summary

The Supreme Court quashed the appointment of the Chairperson of the National Commission for Homoeopathy because he lacked the mandatory ten years' experience as a 'leader' (Head of a Department or Head of an Organisation) under Section 4 of the National Commission for Homoeopathy Act, 2020. It held that a selection by an expert Search Committee remains open to judicial review on eligibility, that statutory essential qualifications cannot be departed from without a power to relax, and that the appointment suffered from malice in law.

Issues

  1. Whether the third respondent possessed the statutory eligibility of at least ten years' experience as a 'leader', meaning Head of a Department or Head of an Organisation, under Section 4(2) and the Explanation to Section 4 of the National Commission for Homoeopathy Act, 2020.
  2. What the scope of judicial review is over a selection made by an expert Search Committee chaired by the Cabinet Secretary, and whether interference requires proof of mala fides.
  3. Whether the Division Bench of the High Court rightly relied on CCRH's organisational set-up as part of the Government of India (Allocation of Business) Rules, 1961 to uphold the selection.
  4. Whether the appointment should be allowed to continue given that the incumbent had served most of his term.

Provisions considered

Held

Result

Appeals against the Division Bench judgment allowed; the Single Judge's order restored and the third respondent's appointment quashed; he must step down within a week, taking no policy or financial decisions meanwhile; benefits already received not disturbed but no future benefit from the quashed service; fresh selection to be initiated expeditiously; the appellant's appeal against rejection of his cross-objection dismissed; no costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 574.