Mithlesh Sharma v. State of Rajasthan and Ors. - (High Court of Rajasthan) (11 Aug 2015)

Recommendation of select committee for appointment cannot be negated without good and plausible reason

MANU/RH/1397/2015

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In a petition against a decision of the State government to not appoint the Petitioner, after her successful selection by the select committee, the Court ordered the State to act upon the recommendation of the select committee. Though as the appointing authority the State had absolute discretion in accepting or rejecting the recommendations of the committee, 'arbitrary and invidious' discretion in the instant case had rendered the committee's recommendations redundant. The Court noted that no legally sustainable ground and not 'a whisper of dissent' had been produced by the State against the appointment of the Petitioner.

Tags : APPOINTMENT SELECT COMMITTEE DISCRETION APPOINTING AUTHORITY