Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Selection through interview-Short-listing of candidates-HELD: Method of short-listing can validly be adopted by Selection Body provided it has some rational or objective basis-If a method of short- listing has been prescribed in the rule or advertisement then that method alone has to be followed |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Selection through interview - Short - listing of candidates - HELD: Method of short-listing can validly be adopted by Selection Body provided it has some rational or objective basis - If a method of shortlisting has been prescribed in the rule or advertisement then that method alone has to be followed - On facts, short-listing on the ground of two years experience after MSc. degree cannot be sustained as the advertisement providing for the method of short-listing does not mention that experience must be after getting M.Sc. degree - Appointment of candidate having two years experience before obtaining MSc. degree, upheld.An advertisement for the post of Deputy Director (Agriculture) in the Agriculture Department, Government of Pondicherry was issued inviting applications from the candidates having M.Sc. degree in Agriculture and two years experience in extension work/soil/Input Analysis. The appellant applied for the post. The UPSC short-listed the candidates and did not call the appellant for interview on the ground that he did not have the two years experience after obtaining the M.Sc. degree. The appellant filed an O.A. before the Central Administrative Tribunal contending that there was no requirement that the two years experience should be after obtaining the M.Sc. degree and as he had the requisite experience before obtaining M.Sc. degree, he fulfilled the requisite conditions. On the direction of the Tribunal the appellant was interviewed; and since he stood first in the merit list, he was appointed to the post. The respondents filed a writ petition before the High Court, which quashed the appointment of the appellant holding that there was no irrationality or illegality in the method of short-listing adopted by the UPSC. Aggrieved, the affected candidate filed the appeal. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2007 INSC 1158 |
Petitioner | B. Ramakichenin@ Balagandhi |
Respondent | Union Of India And Ors. |
SCR | [2007] 12 S.C.R. 120 |
Judgement Date | 2007-11-16 |
Case Number | 5274 |
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