Drugs Inspector Kashmir Supreme Court
Supreme Court has set aside the judgment of the Single Judge bench of the High Court of Jammu and Kashmir at Srinagar, dated December 18, 2015 and the impugned judgment passed by the Division Bench, dated October 29, 2021. The candidates who were declared successful in selection process conducted on September 8, 2009, for appointment of drug inspectors in J&K, and the appointments published on November 12, 2009, were permitted to continue in service by virtue of making already granted stay order as absolute by finding no malice or violation of rules in the selection process and upheld the integrity of selection process. Apex court prefaced the judgment with landmark lines that Courts in India generally avoid interfering in the selection process of public employment, recognising the importance of maintaining the autonomy and integrity of the selection process. The Courts recognise that the process of selection involves a high degree of expertise and discretion and that it is not appropriate for Courts to substitute their judgment for that of a selection committee. It would be indeed, treading on thin ice for us if we were to venture into reviewing the decision of experts who form a part of a selection board. The bench of Justice KM Joseph and Nagarathna J observed that the directions issued by both the learned Single Judge as well as by the Division Bench were not in accordance with law and hence, the said directions have to be quashed. It is pertinent to mention here that the J&K High Court had cancelled the list of 64 Drug Inspectors and had directed the authorities to conduct fresh recruitment giving fair chance to the petitioners and others.