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august 2010

Supreme Court of India · 2010-08-27

UNION OF INDIA vs BHASKARENDU DATTA MAJUMDAR

Citation / case number
SC 2009/30877
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
BHASKARENDU DATTA MAJUMDAR
Author
HARJIT SINGH BEDI
Bench
HARJIT SINGH BEDI,J.M. PANCHAL, , ,

Judgment text excerpt

The Supreme Court held that the Appointments Committee of the Cabinet (ACC) has the exclusive jurisdiction to assess the suitability of candidates for appointment, and its decisions are generally not subject to judicial review unless there is proven mala fides. The Court found that the Division Bench of the Delhi High Court erred in interfering with the ACC's decision, as it failed to provide reasons for disregarding the Public Enterprises Selection Board's (PESB) recommendation. The appeal by the Union of India and the State Trading Corporation was allowed, thereby reinstating the ACC's authority in the appointment process.

UNION OF INDIA vs BHASKARENDU DATTA MAJUMDAR · Niyam