DURGA DEVI AND ANR. versus STATE OF H.P. AND ORS.

DURGA DEVI AND ANR. versus STATE OF H.P. AND ORS.

The Tribunal erred in arrogating to itself the power to judge the comparative merits and suitability of the candidates for appointment; this is the function of the Selection Committee. The Tribunal's order cannot be sustained.

Parties
Appellant: Durga Devi and Anr.; Respondent: State of H.P. and Ors.
Jurisdiction
India
Judgment Date
11 April 1997
Procedural Posture
Civil Appeal / Appeal From Himachal Pradesh Administrative Tribunal Decision
Outcome
Appeal allowed. Impugned Tribunal order quashed. Matter remitted to Tribunal for fresh consideration on other points. No costs.
Legal Topics
Selection Procedure, Appointment of Teachers, Tribunal Review
Service Law Selection Procedure Appointment of Teachers Tribunal Review

Case Brief

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Parties

Durga Devi and Anr.

Appellant

State of H.P. and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Himachal Pradesh Administrative Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal was justified in quashing the selection of Voluntary Teachers on the basis of comparative merits assessed by itself

Ratio Decidendi

The Tribunal erred in arrogating to itself the power to judge the comparative merits and suitability of the candidates for appointment; this is the function of the Selection Committee. The Tribunal's order cannot be sustained.

Court Disposition

Appeal allowed. Impugned Tribunal order quashed. Matter remitted to Tribunal for fresh consideration on other points. No costs.

Orders

  • The order dated 10th December 1992 is quashed.
  • Matter remitted to Tribunal for fresh disposal on other points in accordance with law after hearing the parties.