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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Ajay Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
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| 1. selection process and eligibility dispute over 10-year experience. (Para 1 , 2 , 3 , 4 , 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Pursuant to a selection process undertaken by respondents No.3, 4 & 6-the Himachal Pradesh Public Service Commission (HPSSC) in view of requisition issued to it by respondent No.2- Director Department of Industries, Himachal Pradesh, respondent No.5 was selected and appointed as Chief Inspector (Boilers), Class-I (Gazetted). Petitioner, a participant in the same selection process, feels aggrieved, as according to him respondent No.5 did not satisfy essential qualifications No.(ii) prescribed in the advertisement or in other words, respondent No.5 did not have requisite 10 years experience.
2. The case.
2(i) Respondents-HPPSC issued an advertisement on 07.12.2022 inviting online recruitment applications from desirous eligible candidates for recruitment to one post (UR category) of Chief Inspector (Boilers), Class-I (Gazetted) (on contract basis). Closing date for application was 03.01.2023. Advertisement prescribed following essential qualification(s) (E.Q.): -
Essential Qualification(s)
2(ii) Petitioner, respondent No.5 and 12 others applied for
Courts must defer to expert committees' assessment of candidates' qualifications in technical selection processes, interfering only on proven mala fides, illegality or arbitrariness.
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....
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....
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
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....
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.
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