Introduction:

In a recent judgment, the Jammu and Kashmir and Ladakh High Court addressed the issue of non-disclosure of selection criteria in advance and its impact on the selection process. The case involved petitioner Simranjeet Singh challenging the selection of respondents Parveen Kumar and Sanjay Nath for the post of Engineer Equipment Mechanic (EEM) with the Indian Army. Singh argued that the lack of transparency in the selection process, due to undisclosed criteria, favored selected candidates lacking requisite qualifications.

Arguments of Both Sides:

Simranjeet Singh contended that the selection process lacked transparency as the criteria were not disclosed beforehand. He highlighted his own experience and higher qualification, asserting they were not considered, while selected candidates without the required ITI certificate were appointed. The respondents argued that non-disclosure alone shouldn’t invalidate the process, emphasizing the fairness and reasonableness of the applied criteria.

Court’s Judgement:

Justice Sanjeev Kumar acknowledged the importance of employers disclosing selection criteria in advance for transparency. However, he clarified that the absence of such disclosure wouldn’t automatically invalidate the selection process if the applied criteria were found to be fair and reasonable. The Court noted that the selection was solely based on the merit of a written exam, with no interview conducted, eliminating arbitrariness. As Singh didn’t challenge the exam’s conduct and secured lower marks, the Court upheld the selection, affirming it as fair and valid.