In CIVIL APPEAL NO. 3484 OF 2022-SC- Order for fresh selection must be passed where entire selection process is found to be vitiated due to fraud, collusion and manipulation: SC Justices M.R. Shah & B.V. Nagarathna [10-05-2022]

Mansimran Kaur

New Delhi, May 11, 2022: While dealing with a case assailing the selection process for appointment of an Urdu Lecturer in Nehru Arts, Science and Commerce Degree College, the Supreme Court has held that the appointment of the appellant was made without any resolution being passed in the favour of the appellant and same reflected the involvement of manipulation in the selection process.

The Division Bench of Justice M.R. Shah and Justice B.V. Nagarathna while dealing with an appeal instituted to assail the order passed by the Division Bench of the Karnataka High Court whereby the Bench dismissed the appeal preferred by the appellant to assail the quashing of his appointment as the Urdu lecturer, observed that the selection process was vitiated by fraud and thus ordered to initiate fresh selection process. 

Factual background of the case was that the original petitioner, named Ilyas Ahmed Patwegar applied for the post of Urdu Teacher in Nehru Arts, Science and Commerce Degree College. He was appointed on July 1, 2002.  Thereafter, an advertisement was published calling for filling up posts of Urdu Lecturers in the same college. In pursuance of the same, the original writ petitioner also submitted his application.  Thereafter, the Management informed the original writ petitioner that the appellant has been appointed as Urdu Lecturer. The same was approved by the second respondent- Commissioner of Collegiate Education.

Being aggrieved by the same, the original writ petitioner instituted the writ petition before the High Court. The single-judge Bench of the High Court quashed the appointment of the appellant.

The same was assailed by the appellant before the Division Bench of the High Court. The Division Bench dismissed the appeal and confirmed the order passed by the single- judge.It was this impugned judgment that was assailed by the appellant by way of appeal before the present Court.  

The question that was posed for consideration before the Court was whether after holding the appointment of the appellant to be not valid, the High Court could have thereafter directed for appointment of respondent– original writ petitioner, who was neither recommended by the Committee nor approved by the competent authority for the selection in pursuance of 2007 recruitment.

It was further observed that since the entire selection process was found to be vitiated due to fraud, collusion and manipulation and the Single Judge ought to have passed the order for a fresh selection after following the due process of selection as required. In addition to this it was observed that the original writ petitioner was also seeking appointment in respect to the selection process that was found to be fraudulent and was based on manipulation.

Hence, the order of the Division Bench of the High Court was also quashed and set aside and a fresh selection process was directed to be initiated for filling up the post of Urdu Lecturer.