Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO.5274 OF 2007
[Arising out of Special Leave Petition (Civil) No.16909/2006]
D.D.16.11.2007
Hon’ble Mr. Justice A.K.Mathur &
Hon’ble Mr. Justice Markandey Katju
B.Ramakichenin @ Balagandhi ... Appellant
Vs.
Union of India and others ... Respondents
Qualification:
Experience:
Short listing of candidates for interview:
The appellant was a candidate for the post of Deputy Director (Agriculture) – Qualification
prescribed was M.Sc. in Agriculture with 2 years experience in extension work/soil/input analysis –
UPSC after short listing candidates did not call the appellant for interview as he did not have 2 years
experience after obtaining M.Sc. Degree in Agriculture – Appellant was interviewed as per interim
order of CAT and subsequently as per final order on the basis of merit he was selected and appointed
– In the writ petition challenging the selection and appointment High Court allowed the writ petition
quashing the appointment – Supreme Court in view of the procedure of short listing mentioned in the
advertisement wherein it was not mentioned that 2 years experience must be after getting the M.Sc.,
Degree allowed the application and set aside the order of High Court.
Held:
Union Public Service Commission
Even if there is no rule providing for short listing nor any mention of it in the advertisement calling for
applications, the Selection Body can resort to a short listing procedure if there are a large number of
candidates and it is not possible for the authority to interview all of them. For valid short listing there
have to be two requirements (1) It has to be on some rational and objective basis (2) If a prescribed
method of short listing has been mentioned in the rule or advertisement then that method alone has to
be followed.
Cases referred:
1. AIR 1979 SC 1628 - Ramana Dayaram Shetty vs. The International Airport Authority of
India and others
2. 1993 (2) SCC 310Government of Andhra Pradesh vs. P.Dilip Kumar and another
3. 1994 (6) SCC 293 - Madhya Pradesh P.S.C.vs. Navnit Kumar Potdar and another
4. AIR 1996 SC 11 - Tata Cellular vs. Union of India