Favouritism Or Discrimination In Selection Matters
Courts Not Powerless To Enter Into Domain Of Experts: CAT
Srinagar: While courts have left it in the domain of experts, they are not powerless to step in to prevent gross arbitrariness, discrimination or favouritism, the Central Administrative Tribunal has held.
“We are afraid if Courts have the power to enter the arena of experts which has all alone been left to the domain of the experts as Courts are not experts in this field, however, at the same time Courts are not powerless to interfere where there is gross apparent arbitrariness, discrimination or favouritism,” said a bench of M. S. Latif (Member (J)) and Prasant Kumar (Member (A)) while hearing a plea in a selection matter involving JK Public Service Commission.
The Bench observed that a detailed order was passed by it on December 5 last wherein the authorities concerned were directed to file their detailed response and the Secretary/Controller of examination, PSC was asked to explain as to whether there is any rule which permits them to review earlier notification following receiving of the notifications.
The Secretary PSC in his response averred that it was in view of the representations received that a sympathetic stance was taken up which compelled the Commission to re-refer the concerns so raised to the experts once again for scrutiny. However, the counsel representing the petitioner said that there is no provision in the Business Rules of the PSC or in the Rules for Conduct of Examinations that there can be a review after review. “Perusal of the relief clause of the OA reads that the petitioners have sought for quashment of the preliminary examinations held on 15-102023 issued vide notification no. 12- PSC DR of 2023 dated 13-04-2023 and in the alternative has sought for a direction to declare the petitioners to have qualified the preliminary examinations as the applicants have correctly marked the questions whose answer key has been changed by changing these answers from correct to incorrect and has also sought for allowing the applicants to sit in the written and viva voce examination,” the Bench said.
Counsel for PSC said that it was incumbent upon the petitioner to have arrayed the affected persons as party respondents in the OA as he seeks for quashment of the whole list.
The counsel further submitted that there are as many as 2266 aspirants who have made it to the second round, as such all those candidates who would be affected by such a relief deserved to be arrayed as a party