Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Seniority - Due to inadequate number of candidates in reserved category recommended by Public Service Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law — Seniority — Due to inadequate number of candidates in reserved category recommended by Public Service Commission, State Government decided to fill the remaining seats on an ad hoc basis — Names of candidates were sponsored by the Employment Exchange and they were found suitable by a duly constituted Selection Committee which interviewed them — By State Resolutions, ad hoc reserved candidates were deemed as regular appointments ~- As a result, respondents-reserved category appointees not recruited by OPSC but through alternate method of regular recruitment became senior to appellants who were OPSC appointed general category candidates — Challenge against — Held: it is well within the power of State to organise an alternative recruitment drive when insufficient SC/ST candidates are available and under Article 320(4), the OPSC was not required to be consulted — In the instant case, it was not a relaxation of the Rules in order to favour a few but was a consequence of following an alternate method of selection intended to remedy a malady in the recruitment of SC/ST candidates — The sponsorship of names by the Employment Exchange and the subsequent interview by a duly constituted Selection Committee was thus a valid alternative to recruitment by way of the OPSC competitive examination — Since respondents were appointed in legitimate manner, the merit list should not be disturbed to protect the rights of the OPSC candidates — Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Lower Division Assistant in the Office of Department of Secretariat) Rules, 1951-rr.3, 9. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 792 |
Petitioner | Pratap Kishore Panda |
Respondent | Agni Charan Das |
SCR | [2015] 14 S.C.R. 308 |
Judgement Date | 2015-10-16 |
Case Number | 6305-6307 |
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