UNION PUBLIC SERVICE COMMISSION versus M. SATHIYA PRIYA AND OTHERS

Citation: [2018] 6 S.C.R. 701 · Decided: 13-04-2018 · Supreme Court of India · Bench: MOHAN M. SHANTANAGOUDAR · Disposal: Appeal(s) allowed

Cited by 5 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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701
                UNION PUBLIC SERVICE COMMISSION
  v.
M. SATHIYA PRIYA AND OTHERS
(Civil Appeal No. 10854 of 2014)
APRIL 13, 2018
[MOHAN M. SHANTANAGOUDAR AND
NAVIN SINHA, JJ.]
Service Law – Appointment by promotion – Respondent was
appointed as Deputy Superintendent of Police in the State – The
names of the officers which were to be considered for appointment
to the IPS included the name of respondent – On an oral
assessment of her service records, the Selection Committee did not
include her in the select list of 2008 – Aggrieved, respondent filed
application before CAT, which was allowed – Judgment of CAT was
confirmed by the High Court – Appellant-UPSC contended that both
CAT and High Court erred in taking into consideration the Annual
Confidential Reports from 01.04.2003 to 31.03.2008 – On appeal,
held: The IPS regulations and the guidelines framed therein by the
Central Government are to be applied jointly at the time of making
the selection list – Selection Committee was to consider the
performance of the officer i.e., the service records including the
last five years, preceding the year for which the selection list is to
be prepared as per the guidelines – As crucial date for determining
the eligibility of the officers is 1st January of the particular year
for which selections are made, the Annual Confidential Reports upto
the year ending 31st March of the year preceding the year of
selection list are to be taken into account as per the Guidelines – In
instant case, the selection list was to be prepared for the year 2008
– Crucial date for reckoning the eligibility of the officers in the
matter on hand was 1st January, 2008 – Accordingly, the Annual
Confidential Reports upto the year ending 31st March, 2007 i.e.,
the year preceding the year of the selection list, were to be taken
into account – Accordingly, only the Annual Confidential Reports
of five years upto the year ending 31st March, 2007 are relevant
i.e. Annual Confidential Reports from 01.04.2002 to 31.03.2007
needed to be taken into account at the time of selection – The same
   [2018] 6 S.C.R. 701
701
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SUPREME COURT REPORTS
[2018] 6 S.C.R.
was being rightly done by the Selection Committee in the matter on
hand – Both CAT and High Court misdirected themselves and
considered Annual Confidential Reports from 01.04.2003 to
31.03.2008 – Further, the Selection Committee constituted by the
UPSC is manned by experts in the field, one have to trust their
assessment unless it is actuated with malice or bristles with mala
fides or arbitrariness – In the instant case, neither the decision nor
the decision making process was actuated with malice, and no grave
mistake was committed by the Selection Committee leading to
arbitrariness – The selection was made rationally – IPS(Appointment
by Promotion) Regulations, 1955 – regn. 5.
Allowing the appeal, the Court
HELD:  1. The error that crept into the findings of the
Tribunal, as confirmed by the High Court, was on account of the
basic fact that they erred in not properly appreciating the span/
scope of selection by a Selection Committee. For the purpose of
consideration of a candidate for selection to the IPS in respect of
the select list of 2008, the Annual Confidential Reports from
1.4.2003 to 31.03.2008 could not have been taken into account
by the Selection Committee. As per para 3.1 of the Guidelines,
the assessment of the eligible officers is with special reference
to the performance of the officer during the last five years,
preceding the year for which the select list is prepared. As the
crucial date for determining the eligibility of the officers is taken
1st January of a particular year for which the selections are being
made, the Annual Confidential Reports upto the year ending
31st March of the year preceding the year of selection list are to
be taken into account as per  para 3.2 of the Guidelines.  In the
matter on hand, the selection list was to be prepared for the year
2008.  Thus, the crucial date for reckoning the eligibility of the
officers in the matter on hand is 1st January, 2008.  Accordingly,
the Annual Confidential Reports upto the year ending 31st March,
2007 i.e., the year preceding the year of the selection list, are to
be taken into account. The Selection Committee will consider
the performance of the officer i.e., the service records including
the last five years, preceding the year for which the selection list
is to be prepared as per para 3.1 of t

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