Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Inter-se Seniority Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law:Inter-se Seniority – Determination of – Sought by filing petition u/Art. 32 of the Constitution – In respect of the selection to the post of ‘Additional Professor’ made in September 2005 – On the basis of recommendations of Standing Selection Committee – Held: The Policy of 1997 indicates that the gradings given by all the members of the Selection Committee and the technical experts are to be placed before Chairman of the Selection Committee and final selection ‘may be made’ on the basis of gradings given by the members and the experts of the Committee – The Committee, in making final recommendation in regard to the order of merit of the candidates, had taken into consideration their performance, their records and the opinion of the experts – Therefore, the ranking assigned cannot be regarded as being in breach of Policy of 1997 – It would be iniquitous to unsettle the position of seniority over twelve years after the petitioners and fourth respondent were selected as Additional Professors – The delay on the part of the petitioners in seeking recourse to legal remedies, must weigh against them – Delay/ Laches – Constitution of India – Art. 32.The two petitioners (cardiac surgeons in All India Institute of Medical Sciences) seeking a writ of Mandamus directing the first respondent to determine their seniority in relation to the fourth respondent kin terms of a binding Policy of 1997. According to the petitioners at the time of their (petitioners and 4th respondent) selection as ‘Additional Professors’ Grades allocated to petitioner No.1 were higher to respondent No.4 as one of the Members/Expert Advisers had allocated higher grades as compared to respondent No.4 and therefore, would rank senior to respondent No.4. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 102 |
Petitioner | Dr. Akshya Bisoi And Another |
Respondent | All India Institute Of Medical Sciences & Others |
SCR | [2018] 1 S.C.R. 890 |
Judgement Date | 2018-02-06 |
Case Number | 1179 |
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