2003 (7) TMI 731 - SC - Indian Laws

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.