ASHOK KUMAR SHARMA AND ANR versus CHANDER SHEKHER AND ANR.

ASHOK KUMAR SHARMA AND ANR versus CHANDER SHEKHER AND ANR.

The appellants, having acquired the required qualifications before the date of interview and being selected on merit, were entitled to appointment and seniority. The technical bar adopted by the Division Bench was incorrect; the eligibility requirement may be analogously relaxed to ensure the best talent is recruited, as long as fairness is maintained and no mala fides are shown.

Parties
Appellants: Ashok Kumar Sharma and Anr.; Respondents: Chander Shekher and Anr.
Jurisdiction
India
Judgment Date
18 December 1992
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Jammu & Kashmir High Court Reversing Single Judge, Now Before Supreme Court
Outcome
Appeals allowed; order of High Court set aside; Single Judge order restored.
Legal Topics
Eligibility for Appointment, Selection Process, Seniority, Application of Public Service Commission Rules, Equitable Considerations
Civil Services Public Employment Eligibility for Appointment Selection Process Seniority Application of Public Service Commission Rules Equitable Considerations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ashok Kumar Sharma and Anr.

Appellants

Chander Shekher and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Jammu & Kashmir High Court Reversing Single Judge, Now Before Supreme Court

Legal Issues

  1. 1 Are candidates who become fully qualified before the interview, but after last date for application submission, entitled to be considered for appointment?
  2. 2 Does Rule 37 of J&K Public Service Commission Business Rules apply by analogy to selections not conducted by the Commission?

Ratio Decidendi

The appellants, having acquired the required qualifications before the date of interview and being selected on merit, were entitled to appointment and seniority. The technical bar adopted by the Division Bench was incorrect; the eligibility requirement may be analogously relaxed to ensure the best talent is recruited, as long as fairness is maintained and no mala fides are shown.

Court Disposition

Appeals allowed; order of High Court set aside; Single Judge order restored.

Orders

  • Appellants' seniority and appointment as Junior Engineers and subsequent promotions upheld.
  • Respondents not placed senior to appellants on account of eligibility bar being lifted.