By means of the present petition, the petitioner has prayed for quashing the selection process initiated in pursuance of the advertisement dated 30.08.2014 and also to command the respondents to make fresh selection process after constitution of the selection committee and making the merit list in accordance with law.
Brief facts of the case are that an advertisement was issued on 30.08.2014 for filling up the 29 posts of Skilled Work Assistant (for short 'SWA') (Khalasi) out of which ten posts were reserved for the scheduled caste category; one post was for the scheduled tribe category; seven posts were for the other backward class and eleven posts were unreserved. The essential qualification was matriculation or ITI or equivalent from recognized Board/University/Institution. The petitioners applied for the post of 'SWA' annexing all the educational certificates and the experience certificate under the Scheduled Caste Category. They have not been selected, hence this petition.
Learned counsel for the petitioners has submitted that without constitution of the selection committee, the screening has been conducted in a very illegal, arbitrary manner and by adopting pick and choose policy, the candidates have been called for the interview. It has also been submitted that in the advertisement itself, it has been mentioned that interview/Trade test will be intimated through call letter to the short listed candidates but the respondents have failed to do so. Learned counsel for the petitioners has submitted that petitioner no.1 admittedly will qualify and selected for the interview but he was not called for the interview, however, petitioner no.2 has been declared unsuccessful. He has submitted that no transparent mechanism has been adopted by the authorities concerned in the selection process, therefore, the entire process of selection in pursuance to advertisement dated 30.08.2014 is invalid. Learned counsel submits that the message as also the call letter, allegedly, sent to the petitioner no.1 were never received. He submits that since the respondents have not adopted the fair and impartial process, the entire selection process is vitiated and liable to be quashed.
Per contra, Sri S. B. Pandey, learned Senior Advocate and Assistant Solicitor General of India assisted by Ambrish Roy, learned counsel for the Union of India has vehemently opposed the submissions made by the learned counsel for the petitioners and submitted that the instant petition is nothing but an abuse of the process of the Court. Mr. Pandey submitted that due process as per the Rules and Regulations has been adopted. Mr. Pandey also submitted that the petitioners have challenged the selection process but they have not made the party to the selected candidates, which is the necessary party for the proper adjudication of the writ petition. A selection committee was constituted and final selection was based on the aggregate marks obtained in the High School (80% weightage) and interview (20% weightage). Petitioner no.1 has been called for the interview but he did not attend in interview, however, petitioner no.2 Samar Bahadur Rawat did not qualify for the interview based on the merit list prepared on the basis of the equivalent marks. It is submitted that the process of appointment for the post of 'SWA' was carried out as per the rules and regulations and there is no illegality in the selection process and therefore, the present petition has no merit and it is liable to be dismissed.
Heard learned counsel for the parties and perused the record.
I have perused the contentions made in the writ petition and also the counter affidavit filed by the Union of India. The petitioners have not filed any rejoinder affidavit rebutting the assertions made in the counter affidavit. Meaning thereby, they have admitted the contentions of the counter affidavit. The petitioners have not made any specific grounds in the petition for issuing mandamus to the opposite party to make fresh selection process. The petitioners have failed to show any illegality in the selection process.
In K. A. Nagamani vs. Indian Airlines and others (2009) 5 SCC 515, the Hon"ble Supreme Court held that an unsuccessful candidate participated in a selection process without any demur or protest could not be permitted, later on, to question the process of selection. The decision of the Selection Committee can be interfered on the limited grounds such as illegality or patent material irregularity in the constitution of the Selection Committee, the procedure adopted by the Selection Committee, vitiating the selection or the proved malafide affecting the selection process. The Court cannot sit in appeal over the decision of the Selection Committee. Whether the candidate is fit for a particular post or not has to be decided by the duly constituted selection committee which has the expertise on the subject. The court has no such expertise.
In the instant case, the petitioners have failed to show that there was any discrepancy in the selection process and the consequent result. The petitioners having applied and not succeeded have levelled number of allegations. These are, however, not supported by any concrete evidence. Also as no defect or irregularities have been pointed out with the said selection process, this Court would refrain from interfering in the same. This court cannot quash the selection process without any substantial grounds.
In the light of aforesaid discussion, I do not find any merit in the present petition. Accordingly, the petition is dismissed.
Order Date :- 12.1.2021 VNP/-