important points
Candidates who have become unsuccessful in the selection process have no locus standi to challenge the selection list.
Mala fide has to be pleaded and established.

Judgment

TARUN CHATTERJEE, J.—

1.Leave granted.

2.This appeal is directed against the judgment and order dated 5th of July, 2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad affirming the order of the learned Single Judge holding that the appointment of the appellant as an Assistant Manager in Ahmedabad Municipal Corporation [for short the Corporation] was bad, illegal and invalid and accordingly, liable to be quashed.

3.Before we deal with the question raised before us, we may narrate the facts involved in the present case leading to the filing of this appeal.

4.The appellant was appointed as an X-Ray Technician in Beherampura Referral Hospital, run under the supervision and control of the Corporation on 1st of February, 1988. In the Referral Hospital, there was no post of clerks since 1983. Since 1984, the appellant, apart from discharging his duty as an X-ray Technician was also, regularly and compulsorily, carrying out the clerical and administrative work connected therewith. According to the appellant, the administrative activities carried out by him, inter alia, included:

[i]taking X-ray of the patients;

[ii]collecting fees for X-ray;

[iii]entering the amount received in the cash book;

[iv]preparation of the case papers;

[v]maintaining of the register of the patients whose X-ray is taken;

[vi]maintaining the record of the purchase of X-ray films;

[vii]purchase of X-ray films;

[viii]to fill in the octroi forms and Vforms; and

[ix]maintain X-ray date stock register and audit the same and several such activities which were purely administrative in nature. On 13th of November, 1997, a circular, viz., Circular No. 80 was issued by the Corporation inviting applications for 19 posts of Assistant Manager from amongst the qualified existing employees of the Corporation. The aforesaid circular clearly specified that an eligible candidate should be a graduate with second class from any recognized university with ten years of administrative experience. The circular also provided that preference would be given to candidates holding a degree in law or any other higher degree. The appellant, in pursuance of the aforesaid circular of the Corporation dated 13th of November, 1997, applied for appointment to the post of Assistant Manager in the prescribed form, which was forwarded through the Medical Officer of the Corporation under whom he was working. The said form, filled in by the appellant, was duly scrutinized and after it was found that the appellant was eligible, the same was sent to the Corporation for consideration. Accordingly, the Corporation, thereafter, directed the appellant to appear for a written test. A mode of selection was prescribed by the Corporation, which comprised a two-tier system, namely a written test of 150 marks and a viva-voce test of 50 marks. The written test was conducted under the supervision of Indian Institute of Management, Ahmedabad. On the basis of performance and marks scored, 58 candidates, including the appellant and respondents 2 and 3 were selected and asked to appear for an oral interview. The oral interview was conducted by a Five Member Interview Committee comprising (i) Municipal Commissioner, Ahmedabad; (ii) Prof. Pestonjee, Indian Institute of Management, Ahmedabad; (iii) Dr. N.R. Dixit, Director, Som Lalit Institute and visiting faculty of Indian Institute of Management, Ahmedabad; (iv) Deputy Municipal Commissioner [Finance]; and (v) Chief Auditor, Municipal Corporation, Ahmedabad. From the above, it would be evident that barring two members, the remaining members of the Interview Committee were the employees of the Corporation. Therefore, it cannot be said that all the members of the interview committee were under the employment of the corporation. The Corporation prepared a merit list of the candidates, with their qualifications and date of appointment in the Corporation, on the basis of their performance in the oral interview before the aforesaid Committee and also in the