Case Note & Summary
The dispute arose from the non-selection of candidates for the post of Deputy Director (Law) in the Other Backward Class (OBC) category by the Competition Commission of India (CCI). The appellants, who had qualified the written test and attended the interview, challenged their non-selection on the grounds that the selection criteria had been altered mid-way through the recruitment process. The CCI had issued a notification inviting applications for the post, specifying the selection process, which included a written test and an interview. The appellants claimed that the introduction of benchmark marks for selection after the initiation of the recruitment process was arbitrary and illegal. The High Court dismissed their writ petitions, stating that the fixation of benchmark marks was a legitimate exercise of discretion by the CCI. The Supreme Court upheld the High Court's decision, emphasizing that the selection criteria had not changed and that the fixation of benchmark marks was permissible to ensure the selection of meritorious candidates. The court referenced previous judgments to support its reasoning, concluding that the appeals were without merit and dismissing them.
Headnote
A) Administrative Law - Recruitment Process - Change in Selection Criteria - Code of Civil Procedure, 1908, Section 151 - The appellants contended that the fixation of benchmark marks for selection after the recruitment process had commenced was impermissible. The court held that the fixation of benchmark marks did not constitute a change in the selection criteria as it was within the prerogative of the employer to set standards for selection (Paras 12-17).
Issue of Consideration
Whether there was a change in the mode of selection after the recruitment process had started.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's decision that the fixation of benchmark marks did not change the selection criteria and was permissible under the law.
Law Points
- Selection criteria
- benchmark fixation
- recruitment process
- transparency in selection
- eligibility criteria
