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TMI Blog2014 (10) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... qualifications and experience. 2. The relevant facts of the case are that on 28.03.2012, the respondent/CCI had published a notice on its website, inviting applications from eligible candidates for engagement of fifteen experts/professional to assist the Commission in the discharge of its functions under the Competition Act. As per Clause 5 of the said notice, the application alongwith copies of supporting documents (viz. educational qualification and experience) was required to be sent to the respondent/CCI by 30.04.2012. The notice issued by the respondent/CCI had clarified that the experts would be engaged in Level I and Level II and those candidates who had higher educational qualifications and experience with exceptional profile woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws from the Indian Academy of International Law and that the respondent/CCI had ignored the fact that the petitioner had completed the LLM course from Annamalai University before the second set of interviews for the subject post were conducted by the CCI, in the month of October, 2012. 5. A counter affidavit in opposition to the present petition has been filed by the respondent/CCI, wherein it has been stated that pursuant to issuance of the notice dated 28.03.2012, published by the Commission on its website, proposing to fill up ten vacancies in the field of Economics, two vacancies in the field of Financial Analysis and three vacancies in the field of Law, a total of 148 applications were received by the Commission in the field of Law (7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the notice dated 28.03.2012. Twenty candidates were shortlisted by the respondent/CCI from the said databank and they were called for the interview on 25-26.10.2012. The Selection Committee made its recommendations for engagement of Experts in the field of Law as per the regulations as well as on merits, while keeping in mind their qualifications and professional experience. 7. Coming to the petitioner herein, Mr. Saxena, learned counsel for the respondent/CCI submits that since he had failed to provide a single certificate/testimonial that threw light on his professional experience, his application was found to be incomplete in all respects and resultantly, his name was not shortlisted for the interview in both the phases of selection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot change the situation as the petitioner had failed to mention the fact that at the time of submitting his application for engagement as an Expert in the field of Law (Level II), he was a student of LLM. Further, for reasons best known to him, the petitioner had failed to enclose a work experience certificate with his application. As a result, the respondent/CCI did not have the benefit of any document to assess the expertise and experience of the petitioner in the field of law, for considering his candidature to the subject post. 11. The additional affidavit filed by the petitioner subsequently, wherein he has sought to elaborate his educational qualifications and experience, would not be of any use for the reason that it was incumbent o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicial review can be exercised in such matters only if it is shown that the action of the employer is contrary to any constitutional or statutory provision or is patently arbitrary or is vitiated due to mala fides. The Court cannot sit in appeal over the judgment of the employer and ordain that a particular post be filled by direct recruitment or promotion or by transfer. The Court has no role in determining the methodology of recruitment or laying down the criteria of selection. It is also not open the Court to make comparative evaluation of the merit of the candidates. The Court cannot suggest the manner in which the employer should structure or restructure the cadres for the purpose of improving efficiency of administration." (emphasis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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