Honourable Supreme Court of India
M.V. Thimmaiah v. UPSC (2008) 2 SCC 119
Honourable Supreme Court of India has held that selection committee recommendations can only be challenged on the basis of prima facie material of mala fides or serious violation of the statutory rules.
Para 21. Now, comes the question with regard to the selection of the candidates. Normally, the recommendations of the Selection Committee cannot be challenged except on the ground of mala fides or serious violation of the statutory rules.
The courts cannot sit as an Appellate Authority to examine the recommendations of the Selection Committee like the court of appeal. This discretion has been given to the Selection Committee only and courts rarely sit as a court of appeal to examine the selection of the candidates nor is the business of the court to examine each candidate and record its opinion. In this connection, learned Senior Counsel for the appellants has taken us through various following decisions of this Court.
Drafted By Abhijit Mishra