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Sri Srinivas K Gouda v. Karnataka Institute of Medical Sciences

Civil Appeal · 2021 INSC 639Decided 8 Oct 2021
Civil Appeal No. 6217 of 2021
Dr. Justice D.Y. Chandrachud · Justice B.V. Nagarathna

Background

In 2008, Karnataka Institute of Medical Sciences (KIMS) advertised a vacancy for "Junior Lab Technician," and its Selection Committee decided to award marks based 85% on qualifying-exam scores, 10% on work experience (favouring government-hospital experience), and 5% on interview performance. The appellant, who had more work experience including in a government hospital, was selected over a rival candidate (the third respondent) who had scored higher marks in the qualifying exam but had less relevant experience. The rival candidate's writ petition succeeded before a Division Bench of the Karnataka High Court, which quashed the appellant's appointment as arbitrary, holding that experience-based marks had been added only after the job was advertised and that the selection process favoured "insiders."

Decision Breakdown

The Supreme Court allowed the appellant's appeal and set aside the High Court's judgment, holding that the third respondent had only challenged the appellant's individual selection (not the entire merit list) and his sole ground was that he had scored higher marks in the qualifying exam, so the High Court exceeded the scope of the challenge by scrutinising the entire selection list and the Selection Committee's overall marking scheme for alleged arbitrariness. The Court held that an expert Selection Committee is entitled to evolve reasonable criteria (like weighting government-hospital experience) for choosing among candidates who meet the minimum advertised qualifications, that no bias or mala fide intent was shown, and that courts should not sit in appeal over a selection committee's reasoned, non-arbitrary exercise of discretion.

Lesson Learnt

A court reviewing a public employment selection should stay within the boundaries of what the challenger actually pleaded: if someone challenges only their own non-selection on a narrow ground, courts should not use that as a vehicle to strike down the entire selection process or a reasonable, bona fide selection criterion devised by an expert body.

Official source (sci.gov.in)View Judgment (PDF)

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