High Court Orders Sports Council to Appoint Meritorious Candidate, Citing Arbitrary Action
In a significant judgment delivered today, the High Court of Jammu & Kashmir and Ladakh at Srinagar has ordered the J & K State Sports Council to appoint a meritorious candidate for the post of Driver, denouncing the arbitrary action taken by the council. Hon’ble Mr. Justice Javed Iqbal Wani, presiding over the case, emphasized that the employer’s discretion in appointments cannot be exercised arbitrarily, highlighting the importance of justifiable and non-discriminatory decision-making.
The case, filed as SWP No. 1015/2015, revolved around the petitioner, Ravinder Singh, who was declared the most meritorious candidate during the selection process for two Driver posts initiated by the J & K State Sports Council. However, the council disregarded Singh’s superior merit and appointed another candidate, identified as respondent 2, who was both less meritorious and ineligible as per the advertisement notice.
Justice Wani, while pronouncing the judgment, stated, “The respondent-Council’s action in appointing respondent 2 over the petitioner, despite the petitioner’s superior merit and respondent 2’s ineligibility, was arbitrary, capricious, and an abuse of power.” The court emphasized that employers must adhere to the rule of law and provide justifiable reasons for not appointing successful candidates, particularly when the employer is a state entity.
Furthermore, Justice Wani underscored the reasonable expectations of candidates participating in selection processes, highlighting that the employer cannot decline to fill a position without reasonable cause. “If vacancies exist and suitable candidates have been selected, there must be a justifiable reason to decline their appointment,” the court stated. The judgment invoked Article 14 of the Constitution of India, underscoring the importance of non-arbitrary decision-making.
Consequently, the High Court issued a writ of mandamus, commanding the respondent-Council to offer the petitioner, Ravinder Singh, the appointment as a Driver and grant him all the consequential benefits that respondent 2 had received.
This landmark decision serves as a reminder that employers, particularly state entities, are obligated to respect the comparative merit of candidates and ensure fairness in the selection and appointment processes. The judgment further underscores the significance of upholding the rule of law in administrative actions.
Date of Decision: June 5, 2023
Ravinder Singh VS J & K State Sports Council and ors.
