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Service & Administrative LawSupreme Court of India

Meena Verma v. State of Himachal Pradesh & Anr.

Civil Appeal · 2018 INSC 834Decided 19 Sept 2018
Civil Appeal No. 5710 of 2018
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

A post of part-time female Member in the Himachal Pradesh Consumer Disputes Redressal Commission was advertised, and a Selection Committee ranked candidates by interview performance, placing the second respondent at serial no. 2 and the appellant at serial no. 3 (both with equal marks). The State Government, in the absence of any governing rules, appointed the appellant instead, citing her superior "public experience." The second respondent successfully challenged this appointment before the Himachal Pradesh High Court, which quashed it as arbitrary and directed the Commission to reconsider her case.

Decision Breakdown

The Supreme Court held that where no rule or executive instruction empowers the government to pick and choose among empanelled candidates, and the Selection Committee itself had ranked candidates strictly by interview performance, the government could not override that ranking by introducing an extraneous "public experience" criterion after the fact. The Court distinguished an earlier precedent (S. Chandramohan Nair) where a specific rule permitted the government to select any panelled candidate with reasons: no such rule existed here. Finding the High Court's reasoning sound, the Supreme Court dismissed the appeal and upheld the quashing of the appellant's appointment.

Lesson Learnt

When a selection committee ranks candidates on a transparent, performance-based panel, a government cannot deviate from that ranking by inventing additional, unwritten criteria unless a rule specifically authorizes it to do so, doing so amounts to arbitrary action that courts will strike down.

Meena Verma v. State of Himachal Pradesh & Anr. – Legal Case Shots | LegalAware