UNION PUBLIC SERVICE COMMISSION versus JAWAHAR SANTHKUMAR AND OTHERS

Citation: [2019] 14 S.C.R. 628 · Decided: 15-11-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Appeal(s) allowed

cites 3 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
628
SUPREME COURT REPORTS
[2019] 14 S.C.R.
UNION PUBLIC SERVICE COMMISSION
v.
JAWAHAR SANTHKUMAR AND OTHERS
(Civil Appeal No. 4626 of 2009)
NOVEMBER 15, 2019
[R. BANUMATHI, A. S. BOPANNA AND
HRISHIKESH ROY, JJ.]
IAS (Appointment by Promotion) Regulations, 1955 –
Regulations 5(1),5(4) and 5(5) – Meeting of the Selection
Committee for promotion to the Indian Administrative Service (IAS)
of Tamil Nadu Cadre for the year 2004 was held against three
vacancies as determined by the Central Government – Name of the
first respondent considered along with the names of respondent
nos.4 & 5 – First respondent’s name could not be included in the
Select List of 2004 – Respondent nos.4 & 5 appointed by the
Government of India – Challenged by the first respondent before
the Central Administrative Tribunal (CAT), Madras Bench –
Rejected – Review application – Dismissed – High Court set aside
the order of the Tribunal – Held: While assessing the suitability of
the officers for promotion, the Selection Committee, as per the
uniform and consistent practice followed in the matter of induction
to the All India Services, examines the service records of the
eligible officers, with special reference to their performance during
the last five years (preceding the year for which the Select List is
prepared), deliberating on the quality of the officer indicated in
the various columns recorded by the reporting/reviewing/accepting
authority in the ACRs for different years – Selection Committee
considered the ACRs and made relative assessment to all the officers
under consideration – Name of the first respondent could not be
included in the Select List of 2004 as the overall grading given to
him by the Selection Committee was lower and there were only three
vacancies – Since his name could not be included in the Select
List for promotion to the IAS Cadre in 2004, he was not considered
for promotion – Selection from the State Civil Service to IAS is
strictly on the basis of merit, ability and suitability of the officers
– No merit in the contention of the first respondent that his seniority
would have enabled his name to be included in the Select List –
   [2019] 14 S.C.R. 628
628
A
B
C
D
E
F
G
H
629
Gradation is made by the Selection Committee on the merits based
on the relative assessment – Seniority would become relevant only
when the merit of the candidates is equal – When the Selection
Committee has given its classification, the court cannot sit in appeal
over the assessment made by the Committee of experts – Judgment
of the High Court set aside– Further, challenge by the first
respondent to G.O. Ms. No.1125 datd. 26.11.2011 be considered
on its own merits without being influenced by any of the views
expressed herein – All India Services Act, 1951 – s.3 – Service Law
– Promotion.
Allowing the appeals, the Court
HELD: 1.1  All India Services Act, 1951 has been enacted
for the purpose of regulating the recruitment and conditions of
service of persons belonging to the Indian Administrative
Services.  Under Section 3 of the said Act, the Central
Government has framed the IAS (Appointment by Promotion)
Regulations, 1955 (Promotion Regulations).  In accordance with
the provisions of the said Promotion Regulations, the Selection
Committee, presided over by the Chairman/Member of the
UPSC makes selection of the State Civil Service Officers for
promotion to the Indian Administrative Service. In Regulation
5(1) of the Promotion Regulations, the number of vacancies
against which selection is to be made for a particular recruitment
year for promotion to the Indian Administrative Service of the
State Cadre is determined by the Government of India (DoPT)
in consultation with the State Government concerned.
Thereafter, the State Government forwards a proposal to the
Commission along with seniority list, eligibility list (three times
the number of vacancies) of the State Service Officers, integrity
certificates, details regarding disciplinary proceedings and details
of penalties imposed on the eligible officers etc. and complete
ACR dossiers of the eligible officers.  When the Selection
Committee meet for selection for the recruitment year, the above
documents are placed before the Selection Committee in
accordance with the provisions of Regulation 5(4) of the
Promotion Regulations. The Committee duly classifies the
eligible State Civil Service Officers included in the zone of
consideration as “Outstanding”, “Very Good”, “Good” or
“Unfit”, as t

Excerpt shown. Read the full judgment & AI analysis in Lexace.