Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Selection Benchmark |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Selection - Benchmark - Fixation of, for appointment toPost of Deputy Director (Law) in the Other Backward Class (OBC Category) in the office of Competition Commission ofIndia (CCI) - Challenge to - Held: The entire selection wasundertaken in accordance with the criterion laid down at thetime of recruitment process - Aftet conducting the interview,marks of the written test and viva voce were to be added -However, since benchmark was not stipulated for giving theappointment, a decision was taken to give appointments onlyto those persons who secured 70% marks or above marks inthe unreserved category and 65% or above marks in thereserved category - In absence of any rule on this aspect in the first instance, this did not amount to changing the "rulesof the game" - Fixation of such a benchmark in order to havemeritorious persons for those posts, was legitimate giving ademarcating choice to the employer - There was no changein the criteria of selection which remained of 80 marks for written test and 20 marks for interview without any subsequentintroduction of minimum cut off marks in the interview - It wasshort listing which was done by fixing the benchmark, to recruitbest candidates on rational and reasonable basis - That wasclearly permissible under the law. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 539 |
Petitioner | Yogesh Yadav |
Respondent | Union Of India & Ors. |
SCR | [2013] 8 S.C.R. 194 |
Judgement Date | 2013-08-16 |
Case Number | 6799 |
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