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Vinod Kumar Khajuria & Anr. v. The State of Jammu and Kashmir & Ors. Etc.

Civil Appeal · 2017 INSC 612Decided 13 Jul 2017
Civil Appeal Nos. 2386-2388 of 2011
Justice Kurian Joseph · Justice R. Banumathi

Background

This matter, along with two connected appeals (C.A. Nos. 2381-2382/2011 and C.A. No. 2380/2011), arose from a 1997 notification for selection of Horticulture Development Officers in Jammu and Kashmir's Agricultural Production and Rural Development Department. After prolonged litigation, candidates were eventually appointed in 2006 pursuant to directions of a Division Bench of the High Court. The unsuccessful candidates/appellants challenged the High Court's order, arguing the selection process was flawed.

Decision Breakdown

The Supreme Court examined the High Court's order and found no reason to take a different view. It noted that all the writ petitioners had participated in the same screening test, that not all affected parties had even been before the single judge whose order was under challenge, and that the High Court had specifically found the Public Service Commission had not compromised merit in making the selections. Finding no merit in the appeals, the Supreme Court dismissed them, and the two connected appeals were dismissed on the same reasoning.

Lesson Learnt

Courts give weight to a Public Service Commission's own finding that merit was not compromised in a selection process, and a challenge to a selection is unlikely to succeed where the challenger participated in the same process and cannot show that affected parties were improperly excluded from earlier rounds of litigation.

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

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