Case Note & Summary
The petitioner, Jatinkumar Bhikhabhai Kalathiya, applied for the post of Executive Engineer (Civil) pursuant to an advertisement issued by Respondent No. 2 Corporation. A Selection Committee appointed by the Corporation scrutinized all candidates and prepared a merit list in which the petitioner stood at serial No. 1, while Respondent No. 3 stood at serial No. 3. Despite this, the Corporation passed a resolution on 27-9-2018 and issued an appointment order on 5-10-2018 in favor of Respondent No. 3, ignoring the petitioner's superior merit. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash the resolution and appointment order, and to direct the Corporation to issue a fresh appointment order based on the merit list. The court examined the facts and found that the Corporation had no valid reason to deviate from the merit list prepared by the expert committee. The court held that such action was arbitrary and violative of Articles 14 and 16 of the Constitution, which guarantee equality in public employment. The court quashed the resolution dated 27-9-2018 and the appointment order dated 5-10-2018, and directed the Corporation to issue a fresh appointment order to the petitioner within four weeks, considering him as the meritorious candidate. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Equality in Public Employment - Articles 14 and 16 of the Constitution of India - Appointment Contrary to Merit List - The petitioner, who secured the highest marks in the selection process, was overlooked and Respondent No. 3, who was ranked third, was appointed. The court held that the Corporation's action in ignoring the merit list prepared by the expert committee was arbitrary and violative of the right to equality under Articles 14 and 16. The appointment order dated 5.10.2018 was quashed and the Corporation was directed to issue a fresh appointment order in accordance with the merit list. (Paras 3-10) B) Administrative Law - Selection Committee - Binding Nature of Merit List - The court held that once a Selection Committee prepares a merit list after due scrutiny, the appointing authority is bound to follow it unless there are valid reasons recorded in writing. The Corporation failed to provide any justification for deviating from the merit list. (Paras 5-8) C) Service Law - Appointment - Quashing of Appointment - The court quashed the appointment of Respondent No. 3 and directed the Corporation to appoint the petitioner as Executive Engineer (Civil) Class-I based on his position at serial No. 1 in the merit list. (Para 10)
Issue of Consideration
Whether the appointment of Respondent No. 3 as Executive Engineer (Civil) Class-I by Respondent No. 2 Corporation, contrary to the merit list prepared by the Selection Committee wherein the petitioner was ranked first, is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The court allowed the petition, quashed the resolution dated 27-9-2018 and the appointment order dated 5-10-2018, and directed Respondent No. 2 to issue a fresh appointment order to the petitioner within four weeks.
Law Points
- Article 14
- Article 16
- Article 226
- Selection Committee
- Merit List
- Appointment
- Arbitrariness
- Public Employment
