KAMLA DEVI Vs. STATE OF HP

JUDGEMENT

(1.) THE present writ petition is directed against order dated 12th November, 2002 passed by the H.P. State Administrative Tribunal, whereby the appointment of the petitioner for the post of Part Time Water Carrier has been quashed.

(2.) THE appointment of the petitioner came to be challenged by respondent No.4, namely, Smt. Guddi Devi on the ground that the petitioner is not from a Scheduled Caste nor belongs to IRDP family, whereas respondent No.4 is a Scheduled Caste and belongs to IRDP family, yet she had not been recommended for appointment. The Tribunal issued notice of the Original Application to the State Government as well as to the petitioner, but neither the petitioner appeared nor the Government produced the record of selection as sought by the Tribunal. In the absence of the petitioner or the record, the Tribunal accepted the averments made in the Original Application filed by respondent No.4 and in consequence thereof quashed the appointment of the petitioner.

(3.) THE opinion of the Selection Committee cannot be interfered with unless malafides on the part of the Members of the Selection Committee are alleged and proved nor this Court in exercise of the jurisdiction under Article 226 of the Constitution of India will reassess the comparative merits or suitability of the candidates interviewed by the Selection Committee. Otherwise also, once respondent No.4 appeared before the Selection Committee without any protest and selection having been made as per the criterion laid down for the selection, she would be estopped to question the selection process.