In Brief
This case concerns whether the Director General of the Central Council for Research in Homeopathy, appointed as Chairperson of the National Commission for Homeopathy, met the statutory requirement of 10 years' experience as a head of department. The Single Judge quashed the appointment, finding the candidate lacked this qualification. The Division Bench reversed this, finding courts should not interfere in expert selection. The Supreme Court held the appointment invalid, as the candidate had only 9 years 9 months of required experience. Mandatory statutory eligibility criteria must be strictly applied; their violation constitutes procedural defect ('malice in law') justifying judicial review despite courts' normal deference to expert selectors. The Court directed a fresh appointment process.
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