Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recruitment-Preference clause for higher qualifications-Effect of Temporary appointment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law : Recruitment-Preference clause for higher qualifications-Effect of Temporary appointment-Subsequently requisition sent to Employment Exchange for regular appointment-Requisition specifying VIII standard qualification-No specification that matriculates will be given preference-Selection of appellant on merit-Seniority in age also taken into account-Challenge by respondent-Ground that inspite of his higher qualification he was not given preference-Held, not maintainable-Order setting aside appointment of appellant held not maintainable. The appellant was temporarily appointed as Extra Departmental Mail Carrier by respondent No. 4. For filling up the post on permanent basis, a requisition was sent to employment exchange to sponsor candidates having qualification of VIII standard passed. The said requisition did not specify that matriculates would be given preference. The names of appellant and respondent No. 5 did not figure in the list sponsored by employment exchange. They approached High Court and Administrative Tribunal respectively which issued direction to consider their cases. The appellant was selected on merit and respondent No. 5 challenged his appointment before Tribunal on the ground that inspite of being a SSC passed candidate no preference was given to him. In its counter affidavit respondents averred that the appellant was selected on merit and he was senior in age. Ignoring the said averment the Tribunal set aside the appointment taking the view that he was solely selected on the ground that amongst all the candidates he was senior-most in age and that was an extraneous consideration. The High Court agreed with the reasoning of the Tribunal and dismissed the writ petition and the review petition by appellant.In appeals to this Court it was contended on behalf of the appellant that his selection was on the basis of merit and not merely on the ground of age; he fulfilled the requirement of residence; the requisition sent by respondent No. 5 to the Employment Exchange did not specify that matriculates would be given preference, therefore, the Tribunal and the High Court erred in setting aside his appointment. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2002 INSC 160 |
Petitioner | Bibhudatia Mohanty |
Respondent | Union Of India And Ors. |
SCR | [2002] 2 S.C.R. 613 |
Judgement Date | 2002-03-20 |
Case Number | 2266-2267 |
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