Important point
In service matter, function of Selection Committee being administrative in nature, it is under no obligation to record reasons for its decision when there is no rule obligating Selection Committee to record reasons.

Headnote:Service Law—Indian Police Service (Appointment by Promotion) Regulations, 1955—Rules 5(4) and 5(5)—Selection and appointment of certain police officers of State cadre to Indian Police Service—Petition to quash selection on ground that there was no proper assessment of merits by Selection Committee—Central Administrative Tribunal dismissed application—High Court allowed writ holding that Selection Committee omitted to consider relevant material which was not merely ACR but entire service record—Appeal—Function of Selection Committee being administrative in nature, no obligation for it to record reasons for its decision unless rule or regulation obligated it—It was not a legal requirement that reasons should be recorded for classifying an officer at variance with State Government’s decision—No unfairness or arbitrariness in grading respondent as “very good”—In view of limitations inherent in judicial review of selection process by an expert body, decision taken by Selection Committee, was not to be nullified—Impugned judgment of High Court was liable to be set aside.
       Held : We cannot also endorse the view taken by the High Court that consistent with the principle of fair play, the Selection Committee ought to have recorded reasons while giving a lesser grading to the 1st respondent. The High Court relied on the decision of this Court in National Institute of Mental Health & Neuro Sciences Vs. Dr. K. Kalyana Raman & Ors. [AIR 1992 SC 1806]. Far from supporting the view taken by the High Court, the said decision laid down the proposition that the function of the Selection Committee being administrative in nature, it is under no obligation to record the reasons for its decision when there is no rule or regulation obligating the Selection Committee to record the reasons. This Court then observed “even the principles of natural justice do not require an administrative authority or a Selection Committee or an Examiner to record reasons for the selection or non selection of the person in the absence of statutory requirement. (Para 6)
       The power to classify as ‘outstanding’, ‘very good’, ‘good’ and ‘unfit’ is vested with the Selection Committee. That is a function incidental to the selection process. The classification given by the State Government authorities in the ACRs is not binding on the Committee. No doubt, the Committee is by and large guided by the classification adopted by the State Government but, for good reasons, the Selection Committee can evolve its own classification which may be at variance with the gradation given in the ACRs. That is what has been done in the instant case in respect of the year 1993-94. Such classification is within the prerogative of the Selection Committee and no reasons need be recorded, though it is desirable that in a case of gradation at variance with that of the State Government, it would be desirable to record reasons. But having regard to the nature of the function and the power confided to the Selection Committee under Regulation 5(4), it is not a legal requirement that reasons should be recorded for classifying an officer at variance with the State Government’s decision. (Para 6)
       1st respondent could not be selected for the reason that he did not get the gradation of ‘outstanding’ for four years in a block of five years that was taken into account for the purpose of evaluating the merits of the candidates. The learned counsel for the 1st respondent points out that for the year 1993-94 which falls within the five year range, the first respondent ought to have been graded as ‘outstanding’ in conformity with the grading in the ACR. However, the selection Committee graded him as ‘very good’ in view of the difference of opinion expressed by the reporting officer and the reviewing officer. We do not find any unfairness or arbitrariness in grading the 1st respondent as ‘very good’ for the year 1993-94. If so, as he gets ‘outstanding’ grading only for three years, his overall grading cannot be ‘outstanding’ in view of the existing guidelines adopted by the Commission. Normally, the Court will not interfere with the evaluation done by the Commission on a consideration of relevant material. (Para 9)

Judgment

P. Venkatarama Reddi, J.—Leave granted.

2. The 1st respondent herein belonging to A.P. Police Service of the rank of Superintendent of Police, filed an application before the Central Administrative Tribunal, Hyderabad Bench, in the year 2002 questioning the two notifications dated 21.1.2002/15.2.2002 issued by the Central Government selecting and appointing certain police officers of Andhra Pradesh State cadre to the Indian Police Service against the vacancies of 1998 and 1999. It has been the case of the 1st respondent that despite his outstanding service he has not been selected whereas officers having inferior merit were selected. The main contention before the Tribunal was that there was no proper assessment of merit by the Selection Committee and the awards and commendations which he got and the ‘outstanding’ grading given in the ACRs for as many as four years were not duly taken into account by the selecting body. He claimed to possess superior merit over the three respondents who were senior to him and who were selected and appointed by the Government. The Tribunal did not accept the contention of the respondent. It dismissed the application while observing thus:

“...On careful scrutiny of the ACRs of the applicant and other eligible candidates in the list, we are satisfied that the official respondents have considered the merits and demerits of each and every candidate while notional benefits keeping open the said two posts for consideration for Selection from others in the eligibility list.

Though it is pointed out by the learned counsel for the applicant that the applicant has been recommended President’s Police Medal for distinguished service rendered by him and this fact has not been taken into consideration by the said Committee, it is found that the said Police Medal has been awarded to the applicant on the Republic Day of 2001 i.e., nearly after one year from the date on which the Selection Committee met i.e., 22.12.1999 for preparation of the select lists for the years 1996-1997, 1998 and 1999. As already pointed out by us, whatever awards given to the applicant during various years prior to 22.12.1999 are noted in the ACRs of the respective years of the applicant and they were taken into consideration by the Selection Committee in giving the grading to the applicant. Thus it is found that the Selection Committee has taken into consideration all the relevant facts in making in-depth assessment of the candidates of the eligibility lists of the relevant years 1998 and 1999.”

3. Aggrieved by the said order, the 1st respondent filed a writ petition under Article 226 of the Constitution in the High Court of Andhra Pradesh. Apart from the prayer to quash the order of the Tribunal and the two notifications issued by the Central Government in 2002, the first respondent sought for the direction to set aside the appointments of respondents 5 to 7 and to convene a fresh Selection Committee for re-assessment of comparative merit on the basis of the service records and not confining the consideration to ACRs only.

4. The High Court proceeded on the premise that the 1st respondent had four ‘outstanding’ gradings from “1996 to 1999” (it must be 1994 to 1996) in the ACRs, whereas the other officers did not have so many outstanding gradings. The High Court observed that no reasons were disclosed for revising the classification to the detriment of the writ petitioner. The main reason however which weighed with the High Court was that the Selection Committee omitted to consider the relevant material which, according to the High Court, was not merely the ACR, but also the entire service record/service register of the officers. The High Court observed thus:

“Thus, it is clear that what was considered by the Selection Committee was the ACRs only and not the service records. On directions by this Court, the Government produced the records. The crucial file in which the Committee categorized the officers has not been made available

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2005 Supreme(SC) 759

Important pointIn service matter, function of Selection Committee being administrative in nature, it is under no obligation to record reasons for its decision when there is no rule obligating Selection Committee to record reasons.

Cases Referred (1)

Important point
In service matter, function of Selection Committee being administrative in nature, it is under no obligation to record reasons for its decision when there is no rule obligating Selection Committee to record reasons.