1986 (12) TMI 376 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of Select Lists for promotions.
2. Amendment of Regulation 5(7) and its compliance with Articles 14 and 16 of the Constitution.
3. Compliance with Regulation 6(iii).
4. Principles of Natural Justice.
5. Participation of unauthorized members in the Selection Committee.
6. Consistency of Regulations 3 and 5 with Rule 8(1) of the Recruitment Rules.
7. Allegations of mala fide actions by the State Government.

Summary:

1. Validity of Select Lists for Promotions:
The Select Lists of 1978, 1979, 1980, and 1983 for promotion to the Indian Administrative Service were challenged on the grounds that the Selection Committee did not record any reasons for superseding the appellants/petitioners. The court held that under the amended Regulation 5, the Selection Committee was not required to record reasons for supersession. The amended Regulation emphasized merit and suitability over seniority, thus making it unnecessary to record reasons for superseding senior officers.

2. Amendment of Regulation 5(7) and its Compliance with Articles 14 and 16 of the Constitution:
The appellants argued that the amendment of Regulation 5(7) was violative of Articles 14 and 16 as it conferred unguided power on the Selection Committee. The court found no merit in this submission, stating that the amended regulation provided a sufficient safeguard against arbitrary categorization and emphasized merit as the primary criterion for selection.

3. Compliance with Regulation 6(iii):
The appellants contended that the Select List of 1978 was vitiated due to non-compliance with Regulation 6(iii), which required the State Government to forward reasons for supersession to the Commission. The court held that after the amendment of Regulation 5, the Committee was under no obligation to record reasons, and thus the State Government was not required to forward any reasons to the Commission.

4. Principles of Natural Justice:
The appellants argued that principles of Natural Justice required the Selection Committee to record reasons for supersession. The court rejected this argument, stating that there was no statutory provision requiring the recording of reasons and that principles of Natural Justice did not apply to the selection process in this context.

5. Participation of Unauthorized Members in the Selection Committee:
The appellants challenged the participation of Shri I.C. Puri in the Selection Committee, arguing that he was not authorized to be a member. The court found that Shri Puri, designated as Financial Commissioner (Development), was discharging the functions of the Development Commissioner and was thus competent to participate in the committee's deliberations.

6. Consistency of Regulations 3 and 5 with Rule 8(1) of the Recruitment Rules:
The appellants argued that Regulations 3 and 5 were ultra vires Rule 8(1) of the Recruitment Rules. The court held that Regulations 3 and 5 did not impinge upon the State Government's power to make recommendations for appointment to the service and were consistent with Rule 8(1).

7. Allegations of Mala Fide Actions by the State Government:
The appellants alleged that the State Government deliberately delayed forwarding its comments on the Select List of 1980 to the Commission to give undue advantage to certain officers. The court found no material to substantiate the allegations of mala fide and held that the delay did not cause any prejudice to the appellants.

Conclusion:
The appeals and writ petitions were dismissed, and the court upheld the validity of the Select Lists and the amendments to Regulation 5. The court emphasized that the selection process based on merit was a laudable objective and provided sufficient safeguards against arbitrary decisions.