Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Eligibility criteria Appointment When cannot be interfered Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Appointment – Eligibility criteria – When cannot be interfered – Respondent-University published advertisement inviting applications from suitable candidates for the post of Assistant Professor in Physical Education (Yoga Therapy) – Appellant appointed to the said post – Respondent No.1 aggrieved by the appointment of the appellant, filed writ petition in the High Court – Appointment of the appellant set aside by Single Bench – Intra-court appeal filed by the appellant – Dismissed – Held: Condition of the advertisement was Diploma in Yoga or Yoga Therapy – Appellant possessed Diploma in Yoga Education – Undoubtedly, in the proceedings of the Selection Committee, it was not recorded that the Diploma possessed by the appellant was equivalent to the educational qualifications advertised, but the Selection Committee was comprised of experts in the subjects and, therefore, even if it was not specifically mentioned, the decision could not have been interfered with only because the Court found that Diploma in Yoga Education is not the same as Diploma in Yoga or Yoga Therapy – Not only the Selection Committee found the appellant suitable but even the Equivalence Committee, constituted in terms of the directions of the Single Bench, also found the Diploma of the appellant as the one satisfying the requirement of the advertisement – Therefore, once the Experts took decision that the appellant met the eligibility conditions of the advertisement, the Court in exercise of power of judicial review could not have come to the conclusion that the Diploma possessed by the appellant does not satisfy the eligibility conditions advertised and set aside the appointment of the appellant – Judgment passed by the High Court set aside – Appellant be reinstated in service forthwith with all consequential benefits, seniority and pay fixation but he will not be entitled to pay for the period he was out of service. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 867 |
Petitioner | Dr. Sridip Chatterjee |
Respondent | Dr. Gopa Chakraborty & Ors. |
SCR | [2019] 11 S.C.R. 65 |
Judgement Date | 2019-08-06 |
Case Number | 6102 |
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