Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Promotion Indian Evidence Act 1872: S. 115 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Promotion-Post of Assistant Purchase Officer in Indian Space Research Organisation-Selection through written test-Followed by interview and assessment of annual confidential reports (ACR)-Allocation of Marks-30% allotted to interview and 20% to ACRs-Held: having due regard to the level of post and nature of performance expected from incumbent, high weightage given to interview and ACR-Hence rational, not arbitrary or violative of Articles 14 and 16-Constitution of India, 1950-Articles 14 and 16.Indian Evidence Act, 1872-Section 115-Estoppel-Candidates made aware of procedure for promotion before they appeared for written test and before departmental promotion committee-Cannot subsequently raise plea that marks allotted to interview and ACR was unduly disproportionate or the authorities cannot fix minimum marks to be secured at the interview or in ACR. The respondents are contestants for promotional post of Assistant Purchase Officer. Vide Office Memorandum date 09.07.1987 promotion was based on written test followed by interview and assessment of ACR. The allocation of marks allotted under the head is 50, 30 and 20 respectively. The Respondents, aggrieved by the selection list on account of allotment of unduly disproportionate marks to interview and confidential report, approached the Tribunal. The Tribunal relying on the ratio laid down in Ashok Kumar Yadav's case that "spread" of marks allotted under the head of interview was totally unreasonable and arbitrary, held the allotment of marks to be arbitrary and unreasonable in the present case. In this appeal challenging the Tribunal's Order, the appellant contended that due regard had to be given to the level of post and the nature of performance expected from the candidate. Therefore, the marks allotted for the interview cannot be disproportionately high or spread of marks arbitrary. |
Judge | Hon'ble Mr. Justice K. Venkataswami |
Neutral Citation | 1998 INSC 48 |
Petitioner | Union Of India And Anr |
Respondent | N. Chandrasekharan And Ors. |
SCR | [1998] 1 S.C.R. 419 |
Judgement Date | 1998-01-29 |
Case Number | 5477 |
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