NDLI: Sudhir Singh and Others Vs. State of U.p. and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Basic eligibility/qualification
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration:Claims of the appellants for recruitment on the posts of VillageDevelopment Officers if rightly rejected by High Court in viewof lack of eligibility of being Ex-Servicemen at the time of theadvertisement in question.Service Law – Basic eligibility/qualification – To be adjudgedas on the last date of submission of application forms, subjectto any extension of such date:Held: Basic question on eligibility has to be determined on thebasis of the cut-off date/point of time which stands crystalizedby the date of the advertisement itself, being the last date ofsubmission of application forms, unless extended by the authorityconcerned – In the present case, none of the appellants can besaid to have been Ex-Servicemen at the time of the advertisementin question, as, undisputedly, they were still in service – Relevantrules and even the clarification(s) to the advertisement do notindicate that the appellants can be deemed Ex-Servicemen froma prospective date, despite being in actual service on the relevantdate – As such, in the case at hand, there is no concept of servingpersonnel being deemed Ex-Servicemen – Also, the advertisementclearly specified a Course of Computer Concept as the essentialqualification however, the appellants despite opportunity to appearto show such equivalence, failed to do so – Impugned judgmentupheld. [Paras 14, 15, 17-19]Service Law – Certification given to a person indicating aprospective date till when he would be in employment, suchdate indicated if can be taken as the date of being finally andactually relieved from service:Held: No – Even if a certification is given to a person indicating aprospective date till when he would be in employment, circumstancescould intercede between the date of such certificate and theprospective date of retirement/resignation/relieving indicatedtherein – Illustratively, if for any reason there is a proceeding/charge pending against the person(s) concerned and/or thereare circumstances for which the person cannot be relieved fromhis post till conclusion of such proceedings or otherwise, suchdate indicated in the certificate cannot be taken as the date ofbeing finally and actually relieved from service – However, in thepresent case, such date is also prospective and much later to thedate on which the applications were invited and even till the lastdate of submission of the application forms – Thus, on this countalone, the appellants’ claim of a right to consideration under theEx-Servicemen category fails. [Para 15]
Judge	Hon'ble Mr. Justice Ahsanuddin Amanullah
Neutral Citation	2023 INSC 960
Petitioner	Sudhir Singh And Others
Respondent	State Of U.p. And Others
SCR	[2023] 14 S.C.R. 135
Judgement Date	2023-10-30
Case Number	7069

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
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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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