The court emphasized the importance of legality, procedural regularity, and reasonableness in administrative decisions, particularly in the context of judicial review.

S. RAVINDRA BHAT, J.

( 1 ) ISSUE Rule. Learned counsel for respondents, who are present in the Court, waive service of notice of Rule. With consent of parties, the matter was heard finally.

( 2 ) THE writ petitioner here question the selection process for the post of Senior Hindi Translator in the first respondent organization (hereafter referred to as NSD ). The NSD is a society and an autonomous body, fully funded and controlled by the Central Government.

( 3 ) BY an advertisement issued sometime in the end of September 2002, the NSD called for applications from eligible candidates of Senior Hindi Translator. The relevant portion of the advertisement reads as follows: national School of Drama, an autonomous organization fully financed by the Government of India, Ministry of Tourism and Culture, Deptt. Of Culture invites applications for the following post: senior HINDI TRANSLATOR : One post pay Scale : Rs. 5500 175 9000 qualifications and Experience: essential: 1. Consistently good academic record with high second class (B+ ). Master s Degree in Hindi with English as an elective subject at degree stage or Master s Degree in Linguistics with Hindi and English as elective subjects at Degree stage of recognised University or equivalent. 2. Diploma in Translation course of a recognised University, Institute or equivalent. 3. About one year s experience of translation work from Hindi to English and vice-verse. Desirable: 1. Working knowledge of Sanskrit and/or a Modern Indian Language other than Hindi. 2. Knowledge and interest in Linguistics/applied studies for those with a Master s Degree in Hindi and English only or in both. Age : 35 years and below (40 years in case of SC/st/departmental candidates) the above pay scales carry allowances as admissible to Central Government employees stationed at Delhi. The age limit as prescribed above shall be reckoned as on 1. 7. 2002.

( 4 ) THE petitioner, who completed her B. A. (pass) from Delhi University in 1993 with 50%, with English, Hindi, History and Political Science and M. A. In Hindi in the year 1995 with Hindi Literature and Translation with 55% and who is also holder of diploma in addition to post-graduation, applied for the post. She was called for interview by letter dated 2. 12. 2002. The interview was held on 17. 12. 2002. It is averred that the petitioner participated in the process was considered by the Selection Committee of the NSD. The petitioner, however, was not selected and one Smt. Chetna Vashishta was selected and appointed to the post.

( 5 ) THE Petitioner approached this Court complaining arbitrariness in the selection process principally on the ground that no criteria had been indicated and that the procedure adopted in the interview was arbitrary. It is also alleged that the petitioner was a better merited than the selected candidate.

( 6 ) WHEN the petition was filed, the selected candidate was not impleaded. By a subsequent order, the said Smt. Chetna Vashishta was impleaded as a party in the proceedings. She and the NSD have filed returns in these proceedings.

( 7 ) THE common defence of the respondents which was also reiterated in the course of hearing is that the Selection Committee considered the candidature of all the persons including the petitioner and adjudged the second respondent as more suitable than the petitioner. Learned counsel has relied upon the ranking given and the panel published which indicated that out of 9 candidates who had applied for the post, the second respondent ranked first and the petitioner was ranked second.

( 8 ) LEARNED counsel for the second respondent submits that even if the academic qualifications and experience were to be considered, the second respondent would stand a better chance since she completed her B. Sc. From Banglore University in 1991 with Hindi, English, Chemistry, Botany, Zoology and secured 58% marks; she completed post-graduation in Hindi in the year 1994 and secured 60% marks and thereafter obtained a d

Click Here to Read the rest of this document