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Shri Upadhyay, learned senior counsel has submitted that the allegations levelled regarding the anomalies and discrepancies while giving marks to the petitioners, which have been highlighted by the Shri Anil Tiwari, is purely an human error. So far as the favouritism part is concerned, he has contended that the petitioner -Shri Brajesh Kumar Tiwari was an internal candidate, whereas Dr. Vandana Srivastava is absolutely outsider, and therefore the said allegation cannot be held to be justified.

It is necessary to indicate that there is exhaustive methodology and guidelines provided for short listing the candidates by which procedure have been given for short listing the applications to be called for interview before the selection committee and for which stages of FAC-1 and FAC-2 have been provided.

From the record in question, we find that certainly there were certain human errors while processing the credentials at the level of FAC-1 and FAC-2 but once admittedly each and every petitioners were given opportunity to face the selection committee, then we do not find any infirmity or illegality, which are highlighted, at the level of FAC-1 and FAC-2, which would vitiate the entire selection process.

So far as allegations levelled against the members of the Screening Committee are concerned, we do not find any substance in this argument. Only some minor human errors were found. Hon'ble the Apex Court in B. C. Mylarappa @ Dr. Chikkamylarappa Vs. Dr. R. Venkatasubbaiah & Ors. (2008) 14 SCC 306 has held that in the absence of any rule or regulation requiring the Selection Committee to record reasons, a decision taken by a Selection Committee without recording reasons would not be subject to a judicial review.