Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Process of conducting separate interviews To the post of Asstt. Professor Appointment/Selection Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Appointment/Selection – To the post of Asstt. Professor – In one advertisement (Adv. No. 3 of 2010) selection process not completed – Subsequent advertisement (Adv. No.3 of 2011) requiring that the candidates who had applied pursuant to previous advertisement need not apply afresh – Appellant (OBC candidate) and respondent (General Category candidate) did not apply afresh in response to subsequent advertisement – Appointment of appellant – Challenged by respondent contending that he was not given any credit for the “publications” in the subsequent selection process, whereas credit was given for the “publications” in the previous selection process – High Court allowed the writ petition directing to add to the score-sheet of the respondent five marks on the parameters of “publications” – In review petition High Court order was affirmed – Plea of appellant that such “publications” were not before the Search Committee as the respondent had not submitted any “publications” – Held: In the facts of the case, it cannot be said that the “publications” were not before the Search Committee – However, it is for the experts to award marks for “publications”– The Court, in exercise of its power of judicial review, cannot award marks for “publications”. Selection Process – Process of conducting separate interviews for the posts under General Category and OBC Category – Held: Such process is not fair and reasonable – Every person is a General Category candidate – If a reserved category candidate is in merit, he will occupy the General Category seat. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 1045 |
Petitioner | Pradeep Singh Dehal |
Respondent | State Of Himachal Pradesh & Ors. |
SCR | [2019] 13 S.C.R. 340 |
Judgement Date | 2019-09-17 |
Case Number | 7211 |
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