VidhiSangh

Supreme Court of India · 28/03/2023

TAJVIR SINGH SODHI & ORS. versus THE STATE OF JAMMU AND KASHMIR & ORS.

[2023] 3 S.C.R. 714 · 2023 INSC 309

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Summary

Sixty-four drug inspectors were selected in Jammu and Kashmir in September 2009 on 80 marks for qualifications and 20 for interview and had served since November 2009. On petitions by unsuccessful candidates, the High Court quashed the entire selection because individual award rolls were not on record, the final award roll was unsigned and extra weightage for post-graduate degrees was given without verification. The Supreme Court set the judgments aside: courts cannot sit in appeal over a selection committee's assessment; candidates who participated without protest cannot challenge the recast criteria absent mala fides; no rule required signed individual award rolls and the procedure followed and approved by the full Board disclosed no arbitrariness; and quashing an entire selection over such irregularity, more than a decade into the appointees' service, was unjustified.

Issues

  1. Whether the High Court was justified in quashing the entire selection and appointment of drug inspectors on the ground that individual award rolls were unavailable, the final award roll unsigned and extra weightage for higher qualifications given without verification.
  2. Whether unsuccessful candidates who participated in the selection without protest could challenge the recasting of the selection criteria and the award of interview marks.
  3. Whether a doctor with an MD and PhD in pharmacology was competent to serve as the expert on the selection committee.

Provisions considered

Held

Result

Appeals allowed; judgments of the Single Judge dated 18.12.2015 and the Division Bench dated 29.10.2021 of the High Court of Jammu and Kashmir at Srinagar, and the Single Judge's judgment at Jammu dated 06.07.2017, set aside with all consequential directions; the stay permitting the candidates selected on 08.09.2009 and appointed on 12.11.2009 to continue in service made absolute; pending applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 714.