A. M. Vadi
Vs. India Trade Promotion Organisation 
INSC 83 (4 February
Agrawal, S.C. (J) Agrawal, S.C. (J) Mukherjee M.K. (J)
1994 SCC Supl. (2) 667
Heard learned counsel for the parties.
This appeal relates to the selection of the appellant for posting as Resident
Director of the India Trade Promotion Organisation, Respondent 1 herein, at New York.
said posting was made on the basis of the selection made by a Selection Committee.
The Selection Committee considered three persons including the appellant and
S.P. Choudhary, Respondent 2 herein. One of the reasons given by the Selection
Committee for rejecting the candidature of Respondent 2 was that he "does
not have adequate service to fulfill the condition for a minimum period of two
years after completion of the normal tenure of three years of posting
abroad". This requirement has been prescribed by Respondent 1 in the
matter of appointment on the post of Resident Director in the foreign office.
This has been admitted by Respondent 2 in para 15 of his writ petition in the
High Court wherein it is stated:
the candidate/officer proposed to be appointed as Resident Director outside
India is required to execute a bond that he would serve the organisation for
two years after rejoining Respondent 1 organisation on completion of his tenure
failing which he will have to deposit a sum of Rs 20,000."
the counter-affidavit filed on behalf of Respondent 1, with reference to para
15 of the writ petition, it was stated:
rationale for such a condition is to ensure that Respondent 1 organisation
benefits from the expertise and experience of the officers posted abroad on
foreign assignments, who become conversant with the latest international market
trends and on return share their experience and exposure and knowledge, with
selection of the appellant was challenged by Respondent 2 by filing writ
petition in Delhi High Court which has been allowed by the Division Bench of
the High Court by judgment dated 15-10-1993. As regards the reason
aforementioned given by the Selection Committee for not selecting Respondent 2
the learned Judges have observed:
minutes of the Selection Committee also show that in the case of the petitioner
it also took into account the fact that he did not have adequate service to
fulfill the condition of minimum period of two years after completion of normal
tenure of three years of posting abroad. Petitioner 669 retires on 30-11-1997, and the Selection Committee Met on 9-3-1993. In that case the period of his foreign posting
could have been curtailed for a couple of months. That was certainly a relevant
consideration which the Selection Committee could have considered."
6. We are
of the view that the High Court in exercise of its jurisdiction under Article
226 of the Constitution was not justified in finding fault with the decision of
the Selection Committee in this regard because in rejecting the candidature of
Respondent 2 the Selection Committee had only followed the condition that has
been prescribed by Respondent 1 which fact has been admitted by Respondent 2 in
his writ petition. The fact that the Selection Committee did not consider it
necessary to make a departure from this condition in the case of Respondent 2
does not render the action of the Selection Committee rejecting the candidature
of Respondent 2 open to challenge. The question of going into the eligibility
of the appellant for the posting could not arise for consideration since this
is not a proceeding for issue of a writ of quo warrant. Respondent 2 had
approached the court since he was aggrieved by his non- selection and the
selection of the appellant was challenged in this context only. If Respondent 2
had been rightly rejected by the Selection Committee for the reason
aforementioned then the challenge to the selection must fail. We, therefore, do
not express any opinion on the question as to the eligibility of the appellant
for such selection.
appeal is, therefore, allowed, the judgment of the High Court is set aside and
the writ petition filed by Respondent 2 is dismissed. No order as to costs.