K. GUNAVATHI versus V. SANGEETH KUMAR & ORS.

K. GUNAVATHI versus V. SANGEETH KUMAR & ORS.

The Supreme Court held that the order dated 19.11.2009 directing filling up vacancies of Computer Instructors on the basis of employment exchange seniority was a conscious departure from settled position in law due to peculiarity of the case. Both earlier recruitment tests were exclusive to underqualified adhoc persons, excluding other eligible candidates. The impugned directions of the High Court departing from employment exchange seniority were unjustified, and recruitment to vacant posts should be by employment exchange seniority.

Parties
Appellant: K. Gunavathi; Respondent: V. Sangeeth Kumar & Ors.
Jurisdiction
India
Judgment Date
07 March 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Selection, Appointment, Recruitment Policy, Public Service, Employment Exchange Seniority
Service Law Selection Appointment Recruitment Policy Public Service Employment Exchange Seniority

Case Brief

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Parties

K. Gunavathi

Appellant

V. Sangeeth Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the recruitment to vacant posts of Computer Instructors must be made on the basis of employment exchange seniority or by open competitive examination.
  2. 2 Validity of the High Court's directions regarding method of recruitment for Computer Instructor posts.

Ratio Decidendi

The Supreme Court held that the order dated 19.11.2009 directing filling up vacancies of Computer Instructors on the basis of employment exchange seniority was a conscious departure from settled position in law due to peculiarity of the case. Both earlier recruitment tests were exclusive to underqualified adhoc persons, excluding other eligible candidates. The impugned directions of the High Court departing from employment exchange seniority were unjustified, and recruitment to vacant posts should be by employment exchange seniority.

Court Disposition

Appeal allowed

Orders

  • Directions (vi) and (vii) of Para 53 of impugned High Court order dated 18.09.2013 set aside
  • Recruitment to the 652 vacant posts of Computer Instructors shall be made on the basis of employment exchange seniority