TMI Blog2007 (11) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... t Petition Nos. 9521 and 18563 of 2000 and Writ Petition No. 21870 of 2001. 3. Heard learned Counsel for the parties and perused the record. 4. The appellant (respondent No. 3 in the Writ Petition) applied for the post of Deputy Director (Agriculture) in the Agriculture Department, Government of Pondicherry. That post was to be filled up by direct recruitment in pursuance of the advertisement issued by the Union Public Service Commission (hereinafter in short 'UPSC') dated 23.5.1998 inviting applications from eligible candidates. 5. The appellant states that he was fully qualified for the post, but he was not called for the interview although similarly placed candidates had been so called. 6. In this connection it may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal, no further direction is required to be given in this connection and the result of the interview should be published. Accordingly the result was published and since the appellant was found first in the merit list, he was appointed as Deputy Director (Agriculture) on 23.3.2001, and has been working as such since then. 10. Aggrieved, writ petition was filed by the respondents herein before the Madras High Court which allowed the writ petition and quashed the appointment of the appellant. Hence this appeal by way of Special Leave Petition. 11. One of the reason given by the High Court for setting aside the appellant's appointment was that the Tribunal should have gone into the question of eligibility of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove the minimum qualifications and should attach attested/self certified copies of the certificates in support thereof. 15. It is well settled that the method of short-listing can be validly adopted by the Selection Body vide Madhya Pradesh Public Service Commission v. Navnit Kumar Potdar and Anr. (1995)ILLJ180SC , Government of Andhra Pradesh v. P. Dilip Kumar and Anr. [1993]1SCR435 , etc. 16. Even if there is no rule providing for short-listing nor any mention of it in the advertisement calling for applications for the post, the Selection Body can resort to a short-listing procedure if there are a large number of eligible candidates who apply and it is not possible for the authority to interview all of them. For example, if for one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y those who have two years experience after getting the M.Sc. degree will be considered, while those who have got such experience but only before getting the M.Sc. degree will not be called for the interview. Ordinarily we would not have taken exception to this procedure since it is based on an objective criteria, and ordinarily this Court does not interfere with administrative decisions vide Tata Cellular v. Union of India AIR1996SC11 . As observed in the said decision, the modern approach is for courts to observe restraint in administrative matters. 19. Hence, if the method of short-listing had not been prescribed by the UPSC or in a statutory rule, it is possible that the argument of learned Counsel for the respondents may have been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has shown us several advertisements issued by the Union Public Service Commission in which it was specifically mentioned that experience must be after getting the post- graduate degree. However, in the present case, the advertisement does not mention that the two years experience must be after getting the M.Sc. degree in Agriculture. Hence, we cannot add words to the advertisement and we must read it as it is. 22. As observed by this Court in Ramana Dayaram Shetty v. The International Airport Authority of India and Ors. (1979)IILLJ217SC : It is a well-settled rule of administrative law that an executive authority must be rigorously held to the standards by which it professes its actions to be judged and it must scrupulou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but evolved it purely as a result of administrative law. Even in England, the recent trend in administrative law is in that direction as is evident from what is stated at pages 540-541 in Prof. Wade's Administrative Law 4th Edn. There is no reason why we should hesitate to adopt this rule as a part of our continually expanding administrative law. 23. Had paragraph 3.1 not been in the advertisement of the UPSC it is possible that we may have taken a view in favour of the respondents since in that case it was open to the UPSC to resort to any rational method of short- listing of its choosing (provided it was fair and objective). However, in the present case, a particular manner of short-listing has been prescribed in paragraph 3.1. He ..... X X X X Extracts X X X X X X X X Extracts X X X X
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