Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1975 U.P. Higher Judicial Service Rules |
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 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | U.P. Higher Judicial Service Rules, 1975 – Determination ofseniority of promotees and direct recruits – Earlier, in absence ofdetermination of vacancies for the period from 2002 till 2007, neitherpromotees were appointed in spite of availability of vacancies andeligibility nor direct recruitments were made – After the amendmentof the Rules in 2007, recruitment process was initiated, andvacancies were worked out and advertisements were issued – Bothpromotees and direct recruits were appointed – After theappointments, the dispute of seniority cropped up – The directrecruits claimed that they were entitled to be given seniority as perRota system laid down under the Rules and they had been wronglyplaced junior to the promotees – The promotees claimed that theirseniority should commence from the date of accrual of vacancy,date of their eligibility, without their passing of the suitablity testwhich was retrospectively prescribed for the first time after theamendment of the 2007 Rules – Held: The High Court was correctin taking the view that suitability test was required in terms ofjudgment rendered in All India Judges Association case and underthe amended Rules applicable retrospectively – Promotees couldnot be given promotion without suitability test nor could they claimseniority without the same – They were rightly given seniority fromtheir appointments – Insofar as Quota-Rota rule is concerned, it isa mandatory requirement of the Rules – The said requirement hashowever to be seen in the peculiar fact situation – On facts, theissue of determination of vacancies was embroiled in continuouslitigation – The Quota-Rota rule could not be applied in the absenceof determination of vacancies – The rule provided for seniority ofthe promotees to be fixed from the date of availability of vacancybut such seniority could also not be given in the present fact situation– If Rota rule is applied, it will work serious prejudice to the promotes – Thus, the Rules will have to be given pragmaticinterpretation – If it becomes impractical to act upon rule fixingquota from two sources, it is no use insisting that the authority mustgive effect to such a rule – Every effort has to be made to respect arule but if it is not feasible to enforce it, the rule has to be given apractical interpretation – Thus, interference by the High Courtwith the seniority given to the promotees above the direct recruitswithout following the rotation principle cannot be sustained. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2018 INSC 291 |
Petitioner | Hon’ble High Court Of Judicature At Allahabad – Through Registrar General |
Respondent | The State Of Uttar Pradesh & Ors. |
SCR | [2018] 9 S.C.R. 1090 |
Judgement Date | 2018-03-28 |
Case Number | 3356 |
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