VidhiSangh

Supreme Court of India · 06/05/2020

BIHAR STAFF SELECTION COMMISSION & ORS. versus ARUN KUMAR & ORS.

[2020] 4 S.C.R. 181 · 2020 INSC 391

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Summary

The recruitment results were directed to be revised using the Court-appointed experts’ report. The High Court had improperly substituted its own assessment of disputed answers without expert assistance, producing repeated uncertainty. As an exceptional measure under Article 142, appointments already made pursuant to the Single Judge’s directions were protected, and any excess selections were to be accommodated against relevant future vacancies arising up to 31 December 2019. Both High Court judgments were set aside.

Issues

  1. What limits govern judicial review of examination answers.
  2. Whether the expert report should govern the revised recruitment results.
  3. How existing appointments and excess selections should be treated.

Provisions considered

Held

Result

Single Judge and Division Bench judgments set aside; appeals disposed of with expert-based re-evaluation, protection of specified existing appointments and accommodation of excess selections against the stated vacancies. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 181.