Judicial Prohibition Against Court-Directed Appointments

It is a fundamental principle of public law that courts do not make appointments or act as secondary selection boards for public posts. The power to evaluate suitability and recommend candidates for appointment rests exclusively with the designated recruiting authorities and expert selection committees. Even where a court identifies a procedural flaw in a selection process, the proper legal course is to remit the matter to the competent authority for fresh consideration in accordance with law. Issuing peremptory mandamus directions to grant appointment or create tailored evaluation norms for specific candidates exceeds the constitutional boundaries of judicial review. Courts cannot order public authorities to offer employment to candidates who failed to clear the prescribed qualifying standards. Preserving the separation of powers requires the judiciary to refrain from assuming executive functions in public employment matters. Selection and appointment processes must remain within the domain of statutory commissions established for that specific purpose. (Gujarat Public Service Commission v. Gnaneshwary Dushyantkumar Shah & Ors. | 2026 INSC 70)