Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment requisite essential requirements Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Appointment – Appellant invited applications for the post of Assistant Grade-II (Hindi) by publishing advertisement – Respondent applied – Short-listed – However, she did not receive the final letter of appointment – Writ petition filed by the respondent – Dismissed – Division Bench allowed the appeal – Plea of appellant that the respondent was not finally selected as she did not produce the certificate of one year’s experience of translation from English to Hindi and vice-versa – Held: In the advertisement there was no such requirement – What was provided in the advertisement was that a candidate must have one year’s experience of translation from English to Hindi and vice-versa along with the other qualifications – Advertisement did not provide that a candidate shall produce the certificate of experience along with the application – Division Bench rightly observed that non production of the certificate along with the application cannot be said to be fatal to the case of the respondent and on that ground she could not have been denied the appointment, if otherwise found meritorious – Management at the time of verification of the documents, did not thought it fit to call upon the respondent to produce any additional documentary evidence in support of her experience – If the management would have called for such additional documentary evidence, the respondent would have produced the certificates, which she subsequently did produce before the High Court – Appellant has not doubted the certificates dated. 14.01.2015 and 18.07.2016 issued by the erstwhile employer of the respondent – Division Bench rightly held, considering the aforesaid two certificates, that the respondent was having one year’s experience of translation from English to Hindi and vice-versa and therefore fulfilled all the requisite essential requirements/ qualifications and therefore was required to be considered for appointment on merits – Appellant to consider the case of the respondent for appointment on merits, if all other conditions stand satisfied. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 502 |
Petitioner | Food Corporation Of India |
Respondent | Rimjhim |
SCR | [2019] 6 S.C.R. 897 |
Judgement Date | 2019-04-09 |
Case Number | 3600 |
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