Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | in the State of Andhra Pradesh - Bifurcation of candidates into two different trainee groups - Effect of - Service Law- Seniority- lnter-se seniority- Cadre of Sub-Inspectors of Police |
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 — Inter-se seniority — Cadre of Sub-inspectors of Police, in the State of Andhra Pradesh — Bifurcation of candidates into two different trainee groups —. Effect of — Consequent upon a selection process, the Selected candidates were deputed for training in two batches — The training of the first batch commenced on 15.7.1991, whereas, the training of the second batch commenced on 14.6.1992 — Some of those candidates, who commenced their training on 14.6.1992 assailed the action of the authorities in not including their names in the seniority list dated 17.1.1996, wherein only the names of 58 candidates, who had joined training on 15.7.1991 were reflected — In fact, names of none of the candidates who had commenced training on 14.6.1992 were reflected in the aforesaid seniority list— Issue pertaining to manner and method of determining seniority — Held: The selection process having been joint, and in furtherance of the same notification dated 22.1.1991 (issued by the Recruitment Board), the candidates deputed to the two different courses of training (on 15.7.1991 and 14.6.1992) were essentially candidates belonging to a . Singular batch, who.were selected through a common process _ of selection —- Those deputed for training in the two batches (of 15.7.1991 and 14.6.1992), came to be so deputed, only because of their respective merit position in the selection process — This determination would be in clear breach of the proviso to rule 15, which postulates, that inter se seniority of Sub-Inspectors of Police, is not to be determined in accordance with the merit list drawn up “at the time of their selection”—The seniority of candidates, who are selected from a common process of selection, is to be determined on the basis of the final aggregate marks obtained by them, during the course of their training, at the police training college(s) in the State of Andhra Pradesh — That being the mandate of the rule, for candidates who had participated in a common process of selection, irrespective of the dates on which they were deputed for training, their inter se seniority is liable to be determined, on the basis of the aggregate of marks obtained by them, at the final examination at the concerned police training college — This interpretation placed on rule 15 of the Service Rules, satisfies the underlying principle given effect to in the rule, namely, that the candidates appointed against the posts of Sub-inspector of Police, were to be arranged in the seniority list, not on the basis of the marks obtained in the process of selection, but according to the aggregate marks obtained by them, at the culmination of the training processes — Andhra Pradesh Police (Civil) Subordinate Service Rules — r.15. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 263 |
Petitioner | A. Raghu, Son Of Rajaiah |
Respondent | Govt. Of Andhra Pradesh & Others |
SCR | [2015] 14 S.C.R. 897 |
Judgement Date | 2015-03-26 |
Case Number | 5862 |
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