Case Note & Summary
The dispute arose from the selection process for the post of Assistant Engineer, Grade B, in which the respondent, Ashutosh Kumar Srivastava, alleged bias against the Selection Committee due to his previous inquiry against a candidate related to a committee member. After being declared qualified in the written examination, he faced a viva voce test where he received low marks, prompting him to file an application before the Central Administrative Tribunal (Tribunal) alleging mala fides. The Tribunal quashed the viva voce results and ordered a fresh test, which led to the Union of India appealing the decision. The Supreme Court analyzed the Tribunal's findings, particularly regarding the alleged relationship between committee members and the candidate under inquiry. The Court noted that the Tribunal failed to establish a clear connection of bias and improperly assessed the selection process. It emphasized that the burden of proof for mala fides lies with the individual and that the selection process must be respected unless clear evidence of bias is presented. Ultimately, the Supreme Court dismissed the Tribunal's order, reinstating the original selection results and allowing the appeal without costs.
Headnote
A) Administrative Law - Selection Process - Bias Allegation - Code of Civil Procedure, 1908, Section 115 - The Tribunal quashed the viva voce test results based on allegations of bias without sufficient evidence, leading to a direction for a fresh test. The Supreme Court held that the burden of proving mala fides lies with the individual and the Tribunal's approach was flawed, thus dismissing the appeal (Paras 1-4).
Issue of Consideration
Whether the Tribunal erred in quashing the viva voce test results and directing a fresh test due to alleged bias in the selection process.
Final Decision
The Supreme Court set aside the order made by the Tribunal and dismissed O.A. 1057 of 1994, allowing the appeal without costs.
Law Points
- Selection process
- Administrative discretion
- Bias in selection
- Tribunal's jurisdiction
- Viva voce test assessment
