NDLI: Union Public Service Commission Vs. Jawahar Santhkumar and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1955 5(4) and 5(5) All India Services Act s.3 Regulations 5(1) IAS (Appointment by Promotion) Regulations 1951 Promotion
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	IAS (Appointment by Promotion) Regulations, 1955 – Regulations 5(1),5(4) and 5(5) – Meeting of the Selection Committee for promotion to the Indian Administrative Service (IAS) of Tamil Nadu Cadre for the year 2004 was held against three vacancies as determined by the Central Government – Name of the first respondent considered along with the names of respondent nos.4 & 5 – First respondent’s name could not be included in the Select List of 2004 – Respondent nos.4 & 5 appointed by the Government of India – Challenged by the first respondent before the Central Administrative Tribunal (CAT), Madras Bench – Rejected – Review application – Dismissed – High Court set aside the order of the Tribunal – Held: While assessing the suitability of the officers for promotion, the Selection Committee, as per the uniform and consistent practice followed in the matter of induction to the All India Services, examines the service records of the eligible officers, with special reference to their performance during the last five years (preceding the year for which the Select List is prepared), deliberating on the quality of the officer indicated in the various columns recorded by the reporting/reviewing/accepting authority in the ACRs for different years – Selection Committee considered the ACRs and made relative assessment to all the officers under consideration – Name of the first respondent could not be included in the Select List of 2004 as the overall grading given to him by the Selection Committee was lower and there were only three vacancies – Since his name could not be included in the Select List for promotion to the IAS Cadre in 2004, he was not considered for promotion – Selection from the State Civil Service to IAS is strictly on the basis of merit, ability and suitability of the officers – No merit in the contention of the first respondent that his seniority would have enabled his name to be included in the Select List – Gradation is made by the Selection Committee on the merits based on the relative assessment – Seniority would become relevant only when the merit of the candidates is equal – When the Selection Committee has given its classification, the court cannot sit in appeal over the assessment made by the Committee of experts – Judgment of the High Court set aside– Further, challenge by the first respondent to G.O. Ms. No.1125 datd. 26.11.2011 be considered on its own merits without being influenced by any of the views expressed herein – All India Services Act, 1951 – s.3 – Service Law – Promotion.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 1253
Petitioner	Union Public Service Commission
Respondent	Jawahar Santhkumar And Others
SCR	[2019] 14 S.C.R. 628
Judgement Date	2019-11-15
Case Number	4626

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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