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MANMOHAN, DIPANKAR DATTA
Amaragouda L Patil – Appellant
Versus
Union Of India – Respondent
The Supreme Court exemplified judicial activism by quashing the appointment of the National Commission for Homeopathy's Chairperson for failing statutory eligibility under Section 4 of the NCH Act, mandating 20 years' Homeopathy experience, including 10 as a 'leader' (Head of Department/Organisation). (!) (!) (!) (!) Despite a high-level Search Committee's recommendation, the Court scrutinized confidential files and documents, finding no evidence of requisite experience and procedural lapses, such as undocumented satisfaction of qualifications. (!) (!) (!) (!) (!) (!) Affirming judicial review's role in public employment under Articles 14 and 16, it intervened on eligibility violations and 'malice in law'—conscious disregard of mandatory criteria—rejecting deference to experts where statutory breaches occur. (!) (!) (!) (!) (!) (!) This expanded judicial oversight ensures fairness, prevents fraud on the public, and mandates fresh selection, underscoring courts' duty to enforce constitutional mandates strictly. (!) (!) (!) (!) (148 words)
JUDGMENT :
DIPANKAR DATTA, J.
1. A manifestly flawed process of selection, which was rightly interdicted by the writ court, has since been reversed by the writ appellate court premised on a fundamentally incorrect understanding of the Government of India (Allocation of Business) Rules, 19611[Business Rules] framed under Article 77 of the Constitution of India and an utterly mistaken notion of the scope of interference in matters relating to selection and appointment. It has, thus, not surprised us at all that Mr. Vikramjeet Banerjee, learned Additional Solicitor General, representing the first respondent-Union of India2[UoI] and the second respondent-Search Committee, and Mr. Devashish Bharuka, learned senior counsel appearing for the third respondent, have made little effort to sustain the selection of the third respondent with reference to and/or relying on the said appellate judgment. Instead, the effort has been more towards sustaining the selection and appointment of the third respondent by highlighting the limited scope of judicial review in matters where the experts in the relevant field are the selectors and the process of selection is conducted by them. Much of this later, w
The appointment of the Chairperson of the National Commission for Homeopathy was quashed due to non-compliance with statutory experience requirements, emphasizing strict adherence to eligibility crit....
The court holds that it cannot interfere with the selection made by the Selection Committee unless there is arbitrariness or statutory aberration. The court emphasizes the importance of maintaining t....
Judicial review of expert selections is limited; candidates who participate without objection cannot later challenge the selection on grounds of eligibility.
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
A selection process for public employment will not be vitiated by irregularities unless there is proof of mala fides or serious violation of statutory rules. The courts will not interfere with the se....
Point of Law : Mere grant of less marks to the petitioner by the Committee is no ground to hold that Members of the Selection Committee were biased against the petitioner. Leaving everything aside, t....
Mandatory statutory educational qualifications for public posts require reasoned pre-appointment equivalence determination under proviso; absence on record renders appointment ultra vires, notwithsta....
Statutory educational qualifications for public appointments are mandatory; equivalence under proviso requires prior, objective, reasoned decision on contemporaneous record, absent which appointment ....
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