.IMPORTANT POINT
An action taken bona fide cannot be interfered that too belatedly.

JUDGMENT

R. V. Raveendran J. —

Leave granted.

2. Applications were invited from eligible candidates, by the Himachal Pradesh Public Service Commission for filling up one post of Instructor (Dress Making). The essential qualification prescribed for the post was as follows :

“Qualification Essential :

(i) Matric with Mathematics or its equivalent from a recognized University/Board.

(ii) One year National Trade Certificate in Dress Making and one year National Trade Certificate in Embroidery and Needle Work.

(iii) Central Training for Instructor (CTI) course of one year duration in the related trade i.e. Dress Making or Embroidery (or Trades for which Craft Training Instructor Training facility is not available, at least four years experience in the trade concerned in an Industrial Training Institute and or in reputed Industrial concern).

(iv) At least two years experience in the Trade concerned.”

3. Out of the 60 applications received, 14 candidates including the appellant and the fourth respondent were found eligible and called for interview on 31.5.1999. The Himachal Pardesh Sub-ordinate Services Selection Board (third respondent) held the interviews and selected the fourth respondent for the post in pursuance of which she was appointed on 8.7.1999.

4. Being aggrieved by her non-selection, the appellant filed an application (OA No.2406 of 1999) before the Himachal Pradesh Administrative Tribunal challenging her non-selection. The appellant contended that the fourth respondent was ineligible for the post and could not have been appointed, as she did not have a National Trade Certificate in Dress Making, but had only a National Trade Certificate in Cutting & Tailoring. The respondents resisted the petition on the ground that fourth respondent was recommended for the post by the third respondent as it considered that the National Trade Certificate in Cutting & Tailoring was equivalent to the National Trade Certificate in Dress Making and that the fourth respondent had the other requisite qualifications. It was also contended that the training in Cutting & Tailoring trade was virtually the same as training in the Dress Making trade. The Tribunal dismissed the application filed by the appellant on the ground that the third respondent (Sub-ordinate Services Selection Board) constituted by the State Government had found that the fourth respondent possessed the requisite qualifications and had also found that the National Trade Certificate in Cutting & Tailoring held by the fourth respondent was equivalent to a National Trade Certificate in Dress Making; and that in the absence of any mala fides or other irregularities in the process of selection, there could be no interference. The Tribunal relied upon the decision in Durga Devi & Anr. vs. State of H.P -1 1997 (4) SCC 575, which followed the decision in Dalpat Abasaheb Solunke vs. Dr. B.S. Mahajan -2 1990 (1) SCC 305. The appellant challenged the order of the Tribunal by filing a writ petition before the Himachal Pradesh High Court. The said writ petition was dismissed by the High Court a brief order dated 16.11.2005 that no ground was made out to interfere with the order of the Tribunal. The said order of the High Court is challenged in this appeal by special leave.

4. The appellant has produced before this Court the syllabus for Dress Making Trade course and syllabus for Cutting & Sewing Trade course. She has also produced the minimum qualifications prescribed for admission to Cutting & Tailoring course and the minimum qualifications for the Dress Making Trade course. These show that both Dress Making course and Cutting & Sewing course are one year courses, but the entry qualification for the two courses are different. For Dress Making course, the minimum educational qualification is 10th Class (Pass), whereas for Cutting & Sewing course, the minimum educational qualification is 8th Class (Pass). The syllabus for the Dress Making trade is also different from the syllabus of Cutting & Se