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Saturday, February 13, 2010

No interference if selection process for UPSC is fair: CAT

New Delhi: If UPSC selection criteria for shortlisting candidates is processed in a fair, impartial and reasonable manner, no case for any interference is required, the Central Administrative Tribunal (CAT) has held.

"We find no basis to accept the contention regarding arbitrariness or discrimination against the applicants," the Tribunal, comprising Members Shanker Raju and Veena Chhotray, said while dismissing a petition. 
The applicants -- Atul Kumar Nasa and Ajay Sachan, approached the CAT after not being issued call letters for interview for the posts of Deputy Drugs Controller despite claiming to be fulfilling all eligibility conditions.

The tribunal rejected their contentions, disputing validity of shortlisting criteria of the UPSC.

"As per the settled law, even a selected candidate has no legally enforceable right," the CAT said.

It noted that preferential treatment would be meted out to those candidates by the Commission having higher qualifications after it was approved by the competent authority.

The tribunal consented with an earlier apex court decision, cited as a precedence, saying there is every presumption in form of the bonafide exercise of power by the administration unless the contrary is proved with a proof of a very high degree of credibility.

It refuted the allegations of arbitrariness in the selection process as the UPSC had followed the shortlisting criteria uniformly.

PTI

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