NDLI: Baidyanath Yadav Vs. Aditya Narayan Roy & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1997 – IAS (Appointment by Promotion) Regulations 1955 Indian Administrative Service (Recruitment) Rules 1954 – r.8 – Indian Administrative Service (Appointment by selection) Regulations
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Administrative Service (Recruitment) Rules, 1954 – r.8 – Indian Administrative Service (Appointment by selection) Regulations, 1997 – IAS (Appointment by Promotion) Regulations, 1955 – Judicial review of the process governing the selection of non-SCS officers to the IAS – Scope of – The Selection Committee of the Department of Agriculture forwarded three names to the State Screening Committee which placed respondent No.1’s name at Serial No.3 for selection of non-SCS officers to the IAS – Before the State Screening Committee, in the list of 17 recommendations, the appellant was mentioned at Serial No.14, respondent No.9 at Serial No.15 and respondent No.1 at serial No.16 – The State Screening Committee recommended ten names including appellant and respondent No.9, but not respondent No.1 to the UPSC – Two officers were selected to the IAS by the UPSC, one of whom was appellant – Respondent No.1 approached CAT for quashing appellant’s appointment and for directions to the State Screening Committee to recommend his name to the UPSC – Tribunal dismissed respondent No.1’s application – Writ petition by respondent No.1 – High Court held that the State Screening Committee failed to record and disclose reasons for its decision, which it was bound to do – High Court also held that respondent No.1’s name was only one recommended to the UPSC previous year, so his name should have figured as the first candidate in the list of recommendations – High Court set aside the order passed by the Tribunal and directed the State Screening Committee to recommend Respondent No.1’s name to the UPSC – On appeal, held: Tribunal or Court cannot re-assess the merit of the individual candidates – In the instant case, it was not for the High Court to address questions of comparative merit of the candidates and neither it is appropriate for the Supreme Court – However, the Court may look into whether there was any serious violation of statutory rules, or any bias, mala fides or arbitrariness in the entire selection process – It was evident from the regulations and guidelines governing the process of selection of non-SCS officers to the IAS, as well as letter issued by the GAD, there was no relevance to the serial order in which the names of candidates were recommended – This was wrongly weighed with the High Court – Further, a catena of decisions establish that even the principles of natural justice do not require a duly constituted selection committee to disclose the reasons for its decision, as long as no rule or regulation obliges it to do so – There was no mandation for disclosure of reasons in the relevant rules, regulations and guidelines – Further, there was no hint of arbitrariness, mala fides or bias in the recommendation of the officers including appellant – The decision of the High Court was without jurisdiction and therefore, set aside – Service Law
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2019 INSC 1261
Petitioner	Baidyanath Yadav
Respondent	Aditya Narayan Roy & Ors.
SCR	[2019] 15 S.C.R. 427
Judgement Date	2019-11-19
Case Number	8847

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