NEW DELHI: The judiciary cannot arrogate itself to the role of a fact-finding committee or substitute a selection committee for appointment of candidates to a government post, the Supreme Court has ruled.Further unsuccessful candidate cannot and assail the selection process after having participated in it, a bench of Justices S B Sinha and V S Sirpurkar said in a judgement.The apex court passed the judgement while reversing a High Court order and upholding the selection process conducted by the Assam government for recruiting over 5,000 constables.A single judge of the High Court had quashed the selection process in the three districts of Dhubri, Barpeta and Sonitpur holding that the interviews were held improperly.The single judge arrived at the finding after appointing a three-member committee which said that hundreds of candidates were interviewed on a single day as against the maximum bench mark of 250 candidates fixed by the court.The High Court's order was challenged in the apex court which held that it erred by concluding that the selection process was invalid merely because the number of interviews in a day breached the 250 benchmark fixed by the single judge."Unfortunately, the high court took it upon itself the task of substituting itself for the selection committee and also in the process assumed the role of an appellate tribunal which was in our opinion not proper," the apex court said."It was not for the high court to place itself into a position of a fact finding commission, that too more particularly at the instance of those petitioners who were unsuccessful candidates, " the Supreme Court said in a 51-page judgement.
PTI
newindpress.com Saturday March 1 2008 00:00 IST
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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Email: adv.kamal.kr.pandey@gmail.com
Email: adv.kamal.kr.pandey@gmail.com
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