Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 604

SUPREME COURT OF INDIA
Dhananjaya Y Chandrachud, BV Nagarathna, JJ.
Sri Srinivas K Gouda - Appellant
Versus
Karnataka Institute of Medical Sciences & Ors. – Respondents
Civil Appeal No. 6217 of 2021 (Arising out of SLP(C) No. 15458 of 2017)
Decided On : 08-10-2021

Advocates appeared:
For the Appellant(s) : Mr. S. N. Bhat, AOR
For the Respondent(s): Mr. Anirudh Sanganeria, AOR Mr. Parikshit Angadi, Adv.

IMPORTANT POINT
Court does not sit in appeal over decision of Selection Committee.

Headnote:
Service Law – Selection – Post of Junior Lab Technician – Appellant at the time of submitting application had a one year work experience in a private institution and three years of work experience with first respondent – On the other hand, respondent at the time of application, had six months’ experience of working under a doctor who was undertaking private practice – Not only did appellant have more years of work experience, he had work experience in a governmental institution – Marks awarded to third respondent and appellant bore a nexus to yardstick determined by Selection Committee – On a comparison of marks allotted to both candidates with reference to yardstick determined by Selection Committee, no mala fides could be imputed to Selection Committee – Nor is there an obvious or glaring error or perversity – Court does not sit in appeal over decision of Selection Committee – Selection list was not challenged by respondent – His only ground for challenge was that he had to be selected since he was more meritorious as he had better qualifying marks – Determining legality of selection list and perusing entire selection list to determine whether selection of appellant was arbitrary was erroneous as Division Bench transgressed limits of challenge in writ petition – Impugned judgment and order of High Court set aside. (Paras 16, 20 and 21)
Facts of the case:
By a judgment dated 31st March 20171, a Division Bench of the High Court of Karnataka, at Dharwad allowed an appeal filed against the judgment of Single Judge. The Division Bench quashed the selection of the appellant to the post of ‘Junior Lab Technician’ in the first respondent and directed it to consider case of the third respondent for appointment to the post. The appellant moved this Court in Special Leave Petition to challenge the decision of Division Bench. Leave was granted on 1 October 2021.
Findings of Court:
Respondent had not challenged the selection list or the inclusion of the experience and the interview component for determination of the merit list in the Writ Petition but had only sought his appointment within the criteria prescribed.
Result : Appeal allowed.

JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. By a judgment dated 31 March 2017¹[WA No. 10580/2015], a Division Bench of the High Court of Karnataka, at Dharwad allowed an appeal filed against the judgment of the Single Judge²[WP No. 63973/2009] The Division Bench quashed the selection of the appellant to the post of ‘Junior Lab Technician’ in the first respondent and directed it to consider the case of the third respondent for appointment to the post. The appellant moved this Court in Special Leave Petition to challenge the decision of the Division Bench. Leave was granted on 1 October 2021.

2. On 2 September 2008, the first respondent issued a notification inviting applications for thirty-five vacancies in the post of ‘Junior Lab Technician’. The notification bifurcated the available vacancies on the basis of category and stipulated the minimum qualifications required for selection. The relevant portion of the notification reads as follows:

1. Junior Lab Technicians:- General Merit 33 years, SC/ST/Cat. I, 38 years and for other category 36 years. Pass in PUC with Chemistry and Laboratory Technician Training Course or pass in SSLC and 2 years Vocational Diploma Course in Laboratory Technician or Pass PUC with Science and 2 years Laboratory Technician Course conducted by Para Medical Board, Karnataka or Pass in SSLC and 3 years Diploma in Medical Laboratory Technology in conducted by Para Medical Board, Karnataka.

3. Both the appellant and third respondent applied for the post in category 1(OBC) in which one vacancy was advertised. The Selection Committee consisted of the Additional Secretary, Department of Health and Family Welfare (Medical Education), Director of Medical Education, a representative of the Rajiv Gandhi University of Health Sciences and the Director, Principal and CAO of the first respondent. On 22 August 2008, the Selection Committee assembled to discuss the modalities of selection. It was decided that the percentage of marks obtained in the qualifying exam in the Laboratory Technician’s Course would be converted to 85%. Of the 15% marks set out for the interview, 10% of the marks were to be set apart for the length of work experience and/or additional training in teaching hospitals of a medical college, with special preference to those who had worked in teaching hospitals of government/autonomous medical colleges. The remaining 5% marks were to be assigned to the personality of the candidate based on the viva-voce. The relevant extract of the Minutes of the Meeting is extracted below:

It was decided that in order to select the most suitable candidates, proportionate weightage based on the length of experience and/or additional training to the extent of 10 marks be given to those candidates who had work experience and/or additional training in Medical college teaching hospitals and especially those who had worked in Government/ Autonomous Medical College Teaching Hospitals. It was agreed that the type of work in these institutions most closely resembled the working conditions at ' Karnataka Institute of Medical Sciences, Hubli and hence the candidates who had experience in such institutions would be the most suitable.

maximum of 5 marks for the personality of the candidate and his/her presentation and performance

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2021 Supreme(SC) 604

SUPREME COURT OF INDIADhananjaya Y Chandrachud, BV Nagarathna, JJ.Sri Srinivas K Gouda - AppellantVersusKarnataka Institute of Medical Sciences & Ors. – RespondentsCivil Appeal No. 6217 of 2021 (Arising out of SLP(C) No. 15458 of 2017)Decided On : 08-10-2021

IMPORTANT POINTCourt does not sit in appeal over decision of Selection Committee.

Cases Referred (2)

SUPREME COURT OF INDIA
Dhananjaya Y Chandrachud, BV Nagarathna, JJ.
Sri Srinivas K Gouda - Appellant
Versus
Karnataka Institute of Medical Sciences & Ors. – Respondents
Civil Appeal No. 6217 of 2021 (Arising out of SLP(C) No. 15458 of 2017)
Decided On : 08-10-2021

IMPORTANT POINT
Court does not sit in appeal over decision of Selection Committee.