DEBASHIS MUKHERJEE Vs. COMPETITION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition praying inter alia that the respondent/Competition Commission of India (hereinafter referred to as "respondent/CCI') be directed to consider his candidature for engagement as an Expert in the field of law, by giving weightage to his qualifications and experience.

(2.) The relevant facts of the case are that on 28.03.2012, the respondent/CCI had published a notice on its website, inviting applications from eligible candidates for engagement of fifteen experts/professional to assist the Commission in the discharge of its functions under the Competition Act. As per Clause 5 of the said notice, the application alongwith copies of supporting documents (viz. educational qualification and experience) was required to be sent to the respondent/CCI by 30.04.2012. The notice issued by the respondent/CCI had clarified that the experts would be engaged in Level I and Level II and those candidates who had higher educational qualifications and experience with exceptional profile would be considered for engagement as Expert (Level III) in the relevant field.

(3.) Pursuant to the aforesaid notice, the petitioner had submitted his application for being engaged as an Expert in the field of Law for Level-II well before the cutoff date, i.e., before 30.04.2012. The respondent/CCI had conducted interviews for engagement of Experts in Law for Level II on 18.06.2012 and subsequently, on 25- 26.10.2012, but the grievance of the petitioner is that he was not called for the interview on either occasion. Aggrieved by the aforesaid action of the respondent/CCI in failing to consider his candidature to the subject post, the petitioner has filed the present petition.