DR. UMA KANT AND ANR versus DR. BHIKA LAL JAIN AND ORS.

DR. UMA KANT AND ANR versus DR. BHIKA LAL JAIN AND ORS.

Appointment of a candidate from the reserve list upon retirement of the initially appointed candidate is valid, and the reserve list does not become extinct upon the original appointment; its purpose is to address anticipated or future vacancies within its validity period.

Source-derived case information.

Parties
Appellant: Dr. Uma Kant; Appellant: University of Rajasthan; Respondent: Dr. Bhika Lal Jain; Respondent: Dr. Shiv Sharma; Respondent: Dr. Sudhakar Mishra; Respondent: Dr. T.N. Bhardwaj
Jurisdiction
India
Judgment Date
04 October 1991
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
appeals allowed
Legal Topics
University Appointments, Selection Committee Procedures, Reserve List Validity
Education Law Public Employment University Appointments Selection Committee Procedures Reserve List Validity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dr. Uma Kant

Appellant

University of Rajasthan

Appellant

Dr. Bhika Lal Jain

Respondent

Dr. Shiv Sharma

Respondent

Dr. Sudhakar Mishra

Respondent

Dr. T.N. Bhardwaj

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether appointment from the reserve list after retirement of selected candidate is valid under Rajasthan University Teachers and Officers (Selection for Appointment) Act, 1974
  2. 2 Whether reserve list becomes extinct after selection and appointment from main list

Ratio Decidendi

Appointment of a candidate from the reserve list upon retirement of the initially appointed candidate is valid, and the reserve list does not become extinct upon the original appointment; its purpose is to address anticipated or future vacancies within its validity period.

Court Disposition

appeals allowed

Orders

  • Impugned judgment of High Court set aside
  • Selection and appointment of Dr. Uma Kant as Professor in Botany held valid