IMPORTANT POINT
All aspects of merit, suitability, fitness etc, being equal giving preference having regard to some other higher qualification or experience.

Judgment :-

Dipak Misra, J.

In this appeal, the pregnability of the order dated 17.2.2012 passed by the High Court of Delhi in WP (C) No. 61 of 2012 affirming the order dated 30.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short “the Tribunal”) in O.A. No. 1290 of 2011 is called in question.

2. The facts, as have been exposited, are that advertisements were issued to fill up the posts of Director General in All India Radio and Doordarshan on 20.10.2010 and 20.12.2010 respectively. A Committee headed by the Chairperson, Prasar Bharati Board, was constituted to make the recommendations for appointment to the aforesaid two posts. Names of nine persons including that of the appellant and the fourth respondent herein were recommended to be interviewed by the Selection Committee. The recommendations of the Selection Committee were forwarded to the Government of India vide letter dated 16.3.2011 by the Member (Personnel), Prasar Bharati. The Committee forwarded three names for the post of Director General, Doordarshan and names of two persons, that of the appellant and the fourth respondent, for the post of Director General, All India Radio. On receipt of the recommendations, a letter dated 21.3.2011 was circulated by the Officer on Special Duty in Prasar Bharati to all the Members of the Selection Committee. It was mentioned in the letter that in the special meeting held on 15.3.2011, the Selection Board, after interviewing the candidates and taking into account all the relevant factors, had decided to recommend a panel of candidates for the two posts but as the names recommended were not put in any particular order of preference by the Selection Board, the Government had desired that the names in the panel be put in the order of preference. After receipt of the letter, it was decided by the Board to short-list the candidates in order of preference by way of circulation. Thereafter, each Member of the Selection Committee gave his recommendation by way of separate endorsement. Eight Members of the Selection Committee, that constituted of nine Members, placed the fourth respondent at serial No. 1 and the appellant at serial No. 2 in order of preference for the post of Director General, All India Radio. Five out of nine Members of the Committee placed Shri Tripurari Sharan at serial No. 1, Shri Ram Subhag Singh at serial No. 2, and Shri L.D. Mandloi at serial No. 3 in the said order of preference for the post of Director General, Doordarshan. It is evident from the record that the majority of the members of the Selection Committee placed the fourth respondent in order of preference at No. 1 for the post of Director General, All India Radio and Shri Tripurari Sharan for the post of Director General, Doordarshan. Be it noted, the name of the appellant was also recommended for the post of Director General, Doordarshan. The aforesaid recommendations of the Selection Committee indicating preference were sent to the Government of India as per letter dated 21.3.2011 by the Joint Secretary (B), Ministry of Information and Broadcasting.

3. At that stage, the appellant preferred O.A. No. 1290 of 2011 before the tribunal seeking quashment of the recommendations dated 21.3.2011 and also sought for issuance of a direction to the respondents to act as per the recommendations dated 15.3.2011. Such a prayer was made as the stand of the appellant was that he was placed at No. 1 in order of preference for appointment to the post of Director General, All India Radio. The tribunal did not accept the contentions raised by the appellant pertaining to placing of names in order of preference. The plea of mala fide pertaining to the act of any authority in the Government in changing the decision of the Selection Committee was also not accepted. However, the tribunal opined that the order of preference that has been decided on 21.3.2011 could not have been so decided by circulation and a meeting of Prasar Bharati Board