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Durga Devi v. State of H.P. .

Supreme Court of India · 11 April 1997 · [1997] 3 S.C.R. 855

Court
Supreme Court of India
Decided
11 April 1997
Case no.
C.A. No. 2744 of 1997
Reported as
[1997] 3 S.C.R. 855
Result
Leave Granted & Disposed of
Bench
A.S. Anand, K.T. Thomas
Length
2 pages
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PETITIONER:
DURGA DEVI & ANR.
Vs.
RESPONDENT:
STATE OF H.P. & ORS.
DATE OF JUDGMENT: 11/04/1997
BENCH:
A.S. ANAND, K.T. THOMAS

ACT

HEADNOTE

JUDGMENT

Present:

Hon’ble Dr. Justice A.S. Anand

Hon’ble Mr. Justice K.T. Thomas J.S. Attri and Devendra Singh, Advs. for the appellants T. Sridharan and P.D. Sharma, Advs. for the Respondents

ORDER

The following order of the Court was delivered:

Leave granted.

The appellants were appointed as Voluntary Teachers on tenure basis under the Voluntary Teachers Primary Scheme 1991. Respondent No.4 challenged their appointment inter alia on the ground that he was academically more meritorious than the appellants and therefore the selection Committee was not justified in preferring the appellants to him. The State Administrative Tribunal Allowed the application filed by Respondent No.4 and quashed the selection of the appellants by itself judging the comparative merits of the candidates. The appellants have put that order of the state Administrative Tribunal dated 10th December 1992 in issue.

In Dalpat Abasaheb Solunke etc. etc. Vs. Dr. B.S. Mahajan etc. etc. (AIR 1990 SC 434) while dealing with some what an identical question, this Court opined:

"It is needless to emphasise that

it is not the function of the Court

to hear appeals over the decisions

of the selection Committees and to

scrutinize the relative merits of

the candidates. Whether a candidate

is fit for a particular post or not

has to be decided by the duly

constituted Selection Committee

which has the expertise on the

subject. The court has no such

expertise . The decision of the

Selection Committee can be

interfered with only on limited

grounds, such as illegality or

patent material irregularity in the

constitution of the Committee or

its procedure vitiating the

selection, or proved mala fides

affecting the selection etc. It is

not disputed that in the present

case the University had constituted

the Committee in due Compliance

with the relevant status. The

committee consisted of experts and

it selected the candidates after

going through all the relevant

material before it, In sitting in

appeal over the selection so made

and in setting it aside on the

ground of the so called comparative

merits of the candidates as

assessed by the Court, the High

Court went wrong and exceeded its

jurisdiction."

In the instant case, as would be seen from the perusal of the impugned order, the selection of the appellants has been quashed by the Tribunal by itself scrutinising the comparative merits of the candidates and fitness for the post as if the Tribunal was Sitting as an appellate authority over the selection Committee. The selection of the candidates was not quashed on any other ground. The Tribunal fell in error in arrogating to itself the power to judge the comparative merits of the candidates and consider the fitness and suitability for appointment. That was the function of the selection committee. The observation of this Court in Dalapt Abasaheb Solunke’s case (supra ) are squarely attracted to the facts of the present case. The order of the Tribunal Under the circumstances cannot be sustained. The appeal succeeds and is allowed. The impugned order dated 10th December , 1992 is quashed and the matter is remitted to the Tribunal for a fresh disposal on other points in accordance with the law after hearing the parties.

We are informed that both the appellants and the contesting respondent are in service. They shall not be disturbed till the matter is finally disposed of by the Tribunal.

The appeal is disposed of in the above terms. No costs.

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