Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prospective Operation Administrative Law Public Employment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | IND/AN ADMINISTRATIVE SERVICE (APPOINTMENT BY SELECTION) REGULATIONS, 1997:Regulation 4 rlw Regulation 3 - Selection to I.A. S. under non-State Civil Services category for the year 2011 - State Government to send proposals for consideration of Committee - Held: Names of officers from the cadre of Assistant Commission~r of Commercial Taxes and above, who were of D outstanding merit and were eligible, were to be forwarded, but names which were sent for consideration were, only of Joint Commissioners and Additional Commissioners and not Assistant Commissioners -- Appellants were very much eligible for being considered, and there were so many similar eligible candidates -- Once a candidate comes into the zone of consideration, and satisfies all the requirements, including that of outstanding merit and ability, he cannot be told that merely because he is junior in the seniority, his name will not F be forwarded for consideration -- When there is a criteria laid down for selection, Administration has to confine to the same, and it cannot impose an additional criterion, as it will mean treating similarly situated employees dissimilarly, and denying equal opportunity to some of them in the matter of public employment on the basis of a criterion which is not laid down, resulting into violation of Arts. 14 and 16(1) of the Constitution -- The decision of respondents not to consider appellants for selection was violative of Art. 14 and Art. 16(1) of the Constitution, since it was arrived at on the basis of a criterion which was not laid down -- Indian Administrative Service (Promotion by Appointment) Regulations, 1955 - Constitution of India, 1950 - Arts.14 and 16(1). JUDGMENT:Prospective operation of judgment - Names of B appellants not sent by department for selection to IAS -- Held: Since the selection for the year 2011 had been over even before the interim application in CAT was decided, setting aside the selection conducted some two years back, and asking the respondents to re-do the exercise after considering C the appellants and other similarly situated candidates, would create lot of uncertainty, in as much as appellants and such other similarly situated candidates, might or might not finally succeed in the selection process -- Therefore, it will not be proper to set aside the selections made -- Though the declaration is being granted that the appellants and persons situated like them were entitled to be considered by the Committee, no further relief in that behalf can be granted to them - The opinion rendered by the Court will have to operate prospectively in the matter of application of the relevant rules, for the future selections. ADMINISTRATIVE LAW:Public employment - Non-consideration of claim of candidates on unjust grounds -- Damages - Held: Even though appellants cannot get the relief sought, they must get damages for non-consideration on unjust grounds, as Commissioner for Commercial Tax had acted to reduce the zone of consideration, contrary to the rules, and instructions -- The award of damages is necessary also as those who are responsible for administration cannot trample upon rights of others on the grounds which are unsustainable in law -- Therefore, State Government is directed to pay to appellants the damages and litigation costs, as ordered in the judgment and may recover the amounts from erring officer(s) - Damages. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 702 |
Petitioner | B. Amrutha Lakshmi |
Respondent | State Of Andhra Pradesh And Ors. |
SCR | [2013] 9 S.C.R. 1083 |
Judgement Date | 2013-10-18 |
Case Number | 9193 |
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