LAKHWINDER SINGH v. UNION OF INDIA AND ORS. INSC 1083

Name of Case: Lakhwinder Singh v Union of India & Ors. (10th July, 2008)

Citation: SLP(C) No. 8501 of 2007, Supreme Court of India

Facts of the case:

Lakhwinder Singh, the petitioner, was an officer in the Indian Army. He contended that his non-selection for promotion to the rank of Colonel was arbitrary and discriminatory. Singh alleged that the selection process conducted by the Selection Board was whimsical, violated established procedures and contravened articles 14 and 16 of the Indian Constitution, which guarantee equality before the law and equal opportunity in matters of public employment. He sought redress by filing a Special Leave Petition before the Supreme Court of India.

Issue:

>Whether the selection of Lakhwinder Singh for the rank of Colonel in the Indian Army was arbitrary and discriminatory.

>Whether the Selections Board’s process violated the principles enshrined in articles 14 and 16 of the Indian Constitution.

Holding: Lakhwinder Singh's Special Leave Petition has been dismissed by the Supreme Court which upheld the views of the lower courts and the Selection Board. Rationale: The Court observed that Judicial review in military promotions is limited and should only occur if there is concrete proof of malpractice or procedural violations.

The court found that Lakhwinder Singh had failed to present substantial evidence proving the Selection Board’s decision was arbitrary, discriminatory and unconstitutional.

The Court observed that the selection Board followed established procedures and guidelines for evaluating candidates, with no deviation warranting judicial review.