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M. NAGAPRASANNA
Ashok D. Sanadi S/o Late Dinakar – Appellant
Versus
Chief Secretary – Respondent
ORDER :
The petitioner is before this Court calling in question Notification dated 21-10-2022 issued by the 3rd respondent in selecting and appointing the 5th respondent as the Chair Person of the Karnataka State Commission for Protection of Child Rights (‘the Commission’ for short).
2. The facts, in brief, adumbrated are as follows:
The petitioner and the 5th respondent became applicants pursuant to a notification issued by Government of Karnataka on 31-01-2022 calling for applications from eligible candidates for appointment to the post of Chairperson of the Commission. The applications lead to scrutiny of documents so submitted by both the petitioner and the 5th respondent. The 5th respondent comes to be appointed as the Chairperson of the Commission. The petitioner claims to have come to know of it only when it was published in the newspaper and then applies for all the requisite documents of selection or proceedings of selection under the Right to Information Act, 2005, and having secured them, has knocked at the doors of this Court calling in question entire proceedings that took place leading to the appointment of the 5th respondent as Chairperson of the Commission and has also
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....
Courts must defer to expert committees' assessment of candidates' qualifications in technical selection processes, interfering only on proven mala fides, illegality or arbitrariness.
The main legal point established in the judgment is the requirement for judicial dominance in the Selection Committee and the need to maintain the judicial primacy over the appointment process for th....
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
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....
Selection Committees must adhere strictly to their authority without imposing their own policies that disregard eligibility criteria set by governing bodies in the selection process.
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
The court clarified that the validity of a selection process cannot be solely based on shortlisting; proper assessment of candidates and adherence to procedural rules are essential.
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