Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Selection |
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 - By promotion - Post of HSST (Higher Secondary School Teacher) - Sought to be filled up by promotion of qualified HAS (High School Assistant) - G.Os prescribing qualifications and mode of selection - Both Appellant and 5th Respondent working as HAS, applied - Selection of 5th Respondent though Appellant was senior - Challenge against - Held: Selection was based on extraneous/irrelevant considerations - It was improper on part of Selection Committee to take into account qualifications not prescribed in the G.Os. and ignore Appellant who was fully qualified as well as senior to 5th respondent.Words and Phrases - 'Suitability', 'Eligible' - Meaning of - In the context of selection/appointment in service jurisprudence - Discussed.In the Higher Secondary School in question, a post of HSST (Higher Secondary School Teacher) fell vacant. Appellant as well as the 5th Respondent, both of whom were working as HAS (High School Assistant) in the very same school at the relevant time, applied for appointment by promotion to the said post. 5th Respondent was appointed as HSST. Appellant filed writ petition contending that the 4th respondent (Manager) appointed 5th Respondent overlooking the seniority and eligibility of Appellant. High Court, however, upheld the selection of 5th respondent. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 974 |
Petitioner | V Alsala Kumari Devi M. |
Respondent | Director, Higher Secondary Education And Ors.,. |
SCR | [2007] 10 S.C.R. 294 |
Judgement Date | 2007-09-25 |
Case Number | 4480 |
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