According to Justice Chandrachud, the courts must use independent analysis to draw up an order rather than directly fetching it from the Tribunal’s judgment. Well, this statement built considering the case of the Union Public Service Commission (UPSC) in opposition to an individual looking to be a part of the Indian Administrative Service (IAS).
The Background of the case is as follows:
1.The appellant, UPSC, asked to re-examine the matter by the Tribunal to promote the respondent to the IAS by putting up a meeting held by the Selection Committee. As per the Apex Court, the Orissa High Court merely pulled the Tribunal’s judgment and declared that there wasn’t a need for interference since it lacked any kind-of discrepancy.
2. The DOPT guidelines do not apply to the present case contended by the petitioner at the High Court. The petitioner added that the mere induction of an individual does not involve these guidelines. The petitioner states that the Tribunal’s role that allowed relief to the respondent by exceeding the jurisdiction was a failure.
Lastly, the motive behind such a statement made by Justice Chandrachud along with Justice MR Shah was to encourage the High Courts to pass orders based on their application of mind rather than ‘cut and paste’ orders.
