Category Archives: Exercise of Discretion by Selection Committee

Exercise of Discretion by Selection Committee – In Matter of Recruitment

Law is settled that exercise of discretion by the selection committee, in the matter of recruitment, is not required to be interfered with by the Courts, unless it is found contrary to the rules or is otherwise arbitrary or suffers from malafide. The Hon’ble Apex Court in Union Public Service Commission v. M. Sathiya Priya, (2018) 15 SCC 796, has observed as under:

“This Court has repeatedly observed and concluded that the recommendations of the Selection Committee cannot be challenged except on the ground of mala fides or serious violation of the statutory rules. The Courts cannot sit as an appellate authority or an umpire to examine the recommendations of the Selection Committee like a Court of Appeal. This discretion has been given to the Selection Committee only, and the Courts rarely sits as a Court of Appeal to examine the selection of a candidate; nor is it the business of the Court to examine each candidate and record its opinion. Since the Selection Committee constituted by the UPSC is manned by experts in the field, we have to trust their assessment unless it is actuated with malice or bristles with mala fides or arbitrariness.” Lokendra Kumar Tiwari v. Union of India, 2019 (2) ESC 712.

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