2003 (7) TMI 731 - SC - Indian Laws

Cancellation of the selection process - Allegations of nepotism and favouritism - Central Bureau of Investigation (CBI) initiated a selection process for filling Constable positions - Principle of en masse cancellation - HELD THAT - In the absence of any specific or categorical finding supported by any concrete and relevant material that widespread infirmities of all pervasive nature which could be really said to have undermined the very process itself in its entirety or as a whole and it was impossible to weed out the beneficiaries of one or other of irregularities or illegalities if any there was hardly any justification in law to deny appointment to the other selected candidates whose selections were not found to be in any manner vitiated for any one or other reasons. Applying an unilaterally rigid and arbitrary standard to cancel the entirety of the selections despite the firm and positive information that except 31 of such selected candidates no infirmity could be found with reference to others is nothing but total disregard of relevancies and allowing to be carried away by irrelevancies giving a complete go bye to contextual considerations throwing to winds the principle of proportionality in going farther than what was strictly and reasonably required to meet the situation. In short the Competent Authority completely misdirected itself in taking such an extreme and unreasonable decision of canceling the entire selections wholly unwarranted and unnecessary even on the factual situation found too and totally in excess of the nature and gravity of what was at stake thereby virtually rendering such decision to be irrational. Thus we could not find any infirmity whatsoever in the judgment of the High Court which adopted a practical pragmatic rational and realistic solution to the problem. The appeal therefore fails and shall stand dismissed.

Summary

Issues:
1. Selection process for appointment of Constables by CBI.
2. Cancellation of selection process by Competent Authority.
3. Legal challenge against cancellation before CAT and High Court.

Analysis:
1. The Central Bureau of Investigation (CBI) initiated a selection process for filling Constable positions, involving written tests and interviews. Successful candidates were informed of their selection, pending medical examinations. However, following complaints of favoritism and nepotism, a Committee was formed, leading to the cancellation of the entire recruitment process in Hyderabad.

2. The cancellation was challenged before the Central Administrative Tribunal (CAT), which dismissed the case. Subsequently, a High Court directed the CBI to reevaluate the selection process, highlighting irregularities in the evaluation of answer sheets that led to the inclusion of ineligible candidates and exclusion of deserving ones. The High Court deemed the cancellation arbitrary and ordered corrective measures to rectify the mistakes in the selection process.

3. The appeal against the High Court's decision argued that discrepancies in the valuation of answer sheets justified the cancellation. However, upon review, the Supreme Court found no evidence of malpractice in the conduct of the written examination. The Special Committee identified specific irregularities affecting only a limited number of candidates, concluding that the majority of selections were valid. The Competent Authority's decision to cancel all selections was deemed irrational and disproportionate, leading to the dismissal of the appeal and the directive for prompt appointments within 60 days.