SC dismisses petition regarding challenge to the appointment of Catering Supervisor made only on basis of interview marks

Supreme Court: The Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ., dismissed SLP filed by Union of India challenging Gujarat High Court’s decision upholding Central Administrative Tribunal’s decision to allow the application seeking to challenge selection and appointment of Catering Supervisor based only on marks obtained in the interview. The Division Bench did not find any scope to interfere in the impugned judgment and order passed by the High Court.

The Gujarat High Court on 14-3-2024 had refused to interfere with the order of CAT in the matter.

The respondent was a candidate for the post of Catering Supervisor and participated in the written examination, wherein he was successful and qualified for interview. The respondent stated that he had appeared for the interview and was anxiously waiting for the results.

However, upon receiving no news, the respondent filed an RTI, where he got to know that his name was on the waiting list. The respondent further learnt that the candidate who eventually got selected for the post had secured lower marks both in the written examination and in total (written + interview).

The respondent hence preferred a representation whereby he was informed that the written test for the post of Catering Supervisor was qualifying in nature only and the selection was based on the performance in the interview by the candidates. Aggrieved with the afore-stated response, the respondent approached the CAT, who allowed the original application.

The Gujarat High Court on considering the petition filed by Union of India against CAT’s decision, stated that if any recruitment process has been undertaken, then the recruiting authority must be clear in their mind at the time of advertisement itself for the process of selecting a candidate and it must be declared and made known to all. The High Court therefore did not find any error in the CAT’s decision and rejected the Union’s application.