NDLI: V. Senthur and Another Vs. M. Vijayakumar, Ias,secretary, Tamil Nadu Public Service Commission and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Court
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Directions Issued
Headnote	Contempt of Court – Service Law – Doctrine of Merger – Seniority List – Dispute w.r.t fixation of inter se seniority – Principle of law to be applied – Wilful/deliberate non-compliance of directions – Division Bench of the High Court directed the official respondents to consider the rank assigned to the selectees by Tamil Nadu Public Service Commission (TNPSC) as the basis for fixation of seniority – SLPs thereagainst – Dismissed by Supreme Court by a speaking order dtd. 22.01.16 – Contempt petitioners allege non-compliance of the said order, contending merger of the High Court judgment into it – Held: If the order of dismissal of SLPs is supported by reasons, then also the doctrine of merger is not attracted – However, the reasons stated by the Supreme Court would attract Article 141 and the law declared would be binding on all the courts/tribunals and the parties thereto – Thus, in the present case, though the judgment of the High Court did not merge into the order dtd. 22.01.16, still the declaration of law made in the said order was binding on the parties – While dismissing the SLPs, the Supreme Court held that after the judgment in Bimlesh Tanwar v. State of Haryana and Others reported as [2003] 2 SCR 757, the fundamental principle governing the determination of seniority was that, it should be based on merit list of selection and that the list made on the basis of roster point would not be permissible in law – Respondents were bound to follow the law laid down and determine the inter se seniority on the basis of selection by TNPSC and not on the basis of roster point – Seniority list purportedly published in accordance with the said order is in breach of the directions of Supreme Court – Respondents to revise and publish the seniority list– Contemnors to be heard on the quantum of punishment – Constitution of India – Article 141. Contempt of Court – Contempt jurisdiction – Limit of – Discussed.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2021 INSC 591
Petitioner	V. Senthur And Another
Respondent	M. Vijayakumar, Ias,secretary, Tamil Nadu Public Service Commission And Another
SCR	[2021] 10 S.C.R. 200
Judgement Date	2021-10-01
Case Number	638

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
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
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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