Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Selection - University of Agricultural Sciences Statute 1964 - Statute 15 30 -Selection process for appointment to the post of Assistant Professor in Sericulture |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Selection - University of Agricultural Sciences Statute, 1964 - Statute 15, 30 -Selection process for appointment to the post of Assistant Professor in Sericulture - Select list prepared wherein appellant placed above respondent no.3 - Select list fonvarded to the Board of Regents of the University - Board selected two candidates including respondent no.3 - Aggrieved, appellant filed writ petition - High court set aside the order of Board and directed them to reconsider the case of appellant - Board again selected respondent no.3 afresh - Plea of appellant that appointment of respondent no.3 was made on extraneous considerations against the appellant whose merit is much superior to that of respondent 110.3 - Held: The Board has power to select the best candidate as per the provisions of the statute - Whenever the Board considers a person placed lower in merit in the select list, it can do so only by recording reasons as to why the case of the person placed above is being overlooked and person below is considered the best for being appointed - On facts, the Board re-considered the matter and assigned cogent and adequate reasons for preferring respondent no.3, viz., her qualification, length of regular service as Assistant Professor and humanitarian grounds - The Considerations cannot be said to be irrelevai1t - Competence and merit is not only adjudged on the basis of qualification of candidate but also other factors like career of candidate, educational curriculum, experience, general aptitude, personality and all other germane factors - Therefore, action of Board in selecting respondent no. 3 in accordance with the relevant statute framed by University - Constitution of India - Arts.14 and 16. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 1142 |
Petitioner | J. Ashoka |
Respondent | University Of Agricultural Sciences & Ors. |
SCR | [2016] 11 S.C.R. 81 |
Judgement Date | 2016-12-15 |
Case Number | 12182 |
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