NDLI: Tajvir Singh Sodhi & Ors. Vs. The State of Jammu and Kashmir & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Selection process Service law Quashing of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law: Selection process – Quashing of – Selection process conducted for appointment of drug inspectors – 64 persons including some appellants selected and appointed as drug inspectors and are serving on the said posts – However, the said selection and appointment challenged alleging discrepancies in the selection procedure – High Court quashed the selection and appointment – Upheld by the Division Bench – On appeal, held: Candidates, having taken part in the selection process without any demur or protest, cannot challenge the same after having been declared unsuccessful – Candidates cannot approbate and reprobate at the same time – Simply because the result of the selection process is not palatable to a candidate, he cannot allege that the process of interview was unfair or that there was some lacuna in the process – Challenge ought not to have been entertained in light of the principle of waiver and acquiescence – Furthermore, no mala fide or arbitrariness is found in the selection process – Recasting the selection criteria was only with regard to allocation of marks for the respective educational qualification of the candidates – It was with a view to preserve the standards of the selection process – Furthermore, the assessment and evaluation of the performance of candidates appearing before the Selection Committee/Interview Board should be best left to the members of the committee – In light of the pertinent selection procedure that was followed, the Court is unable to hold that the same was mechanical or casual or suffered from irregularities which were so grave or arbitrary in nature so as to justify quashing the entire selection process – Thus, the High Court not justified in quashing and setting aside the entire selection process, more so when sixty-four candidates including the appellants had been serving on the said post for over a decade – Jammu and Kashmir Subordinate Services Recruitment Rules, 1992 – rr. 9 and 9A. Selection process for public employment – Scope of judicial review – Held: Courts generally avoid interfering in the selection process of public employment, to maintain the autonomy and integrity of the selection process – Process of selection involves a high degree of expertise and discretion – Not appropriate for Courts to substitute their judgment for that of a selection committee – Courts intervene only when there are proven allegations of malfeasance or violations of statutory rules, or inherent arbitrariness. Words and Phrases: ‘Pharmacology’ and ‘Pharmacy’– Meaning of – Discussed.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2023 INSC 309
Petitioner	Tajvir Singh Sodhi & Ors.
Respondent	The State Of Jammu And Kashmir & Ors.
SCR	[2023] 3 S.C.R. 714
Judgement Date	2023-03-28
Case Number	2164

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Tajvir Singh Sodhi & Ors. Vs. The State of Jammu and Kashmir & Ors.

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Tajvir Singh Sodhi & Ors. Vs. The State of Jammu and Kashmir & Ors.

Tajvir Singh Sodhi & Ors. Vs. The State of Jammu and Kashmir & Ors.

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