Exercising Power Of Judicial Review To Enter Merits Of Selection Process Tantamount To Treading On Thin Sheet Of Ice: HP High Court

The Himachal Pradesh High Court has recently observed that exercising the power of judicial review to enter into the merits of a selection process, a task which is the prerogative of and is within the expert domain of a Selection Committee, tantamount to treading on a thin sheet of Ice.

The Bench comprising Justice Jyotsna Rewal Dua observed that

“It would be indeed, treading on thin ice, if the Courts were to venture into reviewing the decision of experts who form part of a selection board. It is not within the domain of the Courts, exercising the power of judicial review to enter into the merits of a selection process, a task which is the prerogative of and is within the expert domain of a Selection Committee, subject of course to a caveat that if there are proven allegations of malfeasance or violations of statutory rules, only in such cases of inherent arbitrariness, can the Courts intervene."

In the instant matter the petitioner had questioned the selection of respondent no. 3 to the regular post of Drawing Master, reserved for Orthopedically Handicapped General Category.

Challenging the appointment after a period of two years, the petitioner argued that the additional marks given to the respondent for his diploma in library science should not have been given because there was no nexus between the diploma and the position of Drawing Master.

In terms of the selection criteria for the post, 5 marks were to be given for additional qualification and the counsel for the respondent had contended that the same was given to other candidates as well who possessed an additional qualification.

Adjudicating upon the matter Justice Dua noted that the petitioner had neither questioned the criteria formulated by the respondents for the award of marks nor was the selection committee impleaded as a party.

Moreover, if the petitioner was aggrieved, he should have assailed the appointment at the appropriate stage. Now, it was too late for the petitioner to contend that the award of marks for possessing additional qualification had no nexus with the post, said the Court.

Referring to the decision of Apex Court in the case of Tajvir Singh Sodhi and others Vs. State of Jammu and Kashmir and others wherein it was observed that “the Courts recognize that the process of selection involves a high degree of expertise and discretion and that it is not appropriate for Courts to substitute their judgment for that of a selection committee.”

Pointing out to the fact that the petitioner had participated in the selection process under the selection criteria which he has now questioned on the alleged ground of the same having no nexus with the post in question, the court said that since no allegations of malafide have been made, interference in the process will not be prudent on the part of court keeping in view the doctrines of Estoppel and Acquiescence squarely governing the law.

Accordingly, the Writ Petition was dismissed as the same was without merits.

Case Title: Santosh Nanta Vs State of H.P. & Ors.

Citation: 2023 LiveLaw (HP) 27

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