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M.V.Thimmaiah & Ors vs Union Public Service Commission & Ors on 13 December, 2007

26. Courts exercising judicial review cannot second guess the suitability of a candidate for any public office or post. Absent evidence of malice or mindlessness (to the materials), or illegality by the public employer, an intense scrutiny on why a candidate is excluded as unsuitable renders the courts' decision suspect to the charge of trespass into executive power of determining suitability of an individual for appointment. This was emphasized by this court, in M.V. Thimmaiah v. Union Public Service Commission7 held as follows:
Supreme Court of India Cites 14 - Cited by 163 - A K Mathur - Full Document
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