KULDIP CHAND versus STATE OF H.P. AND ORS.

KULDIP CHAND versus STATE OF H.P. AND ORS.

The Tribunal erred in judging comparative merit and finding fault with marks awarded in viva voce, which falls exclusively within the domain of the selection committee; the Tribunal's order is unsustainable as it exceeded its jurisdiction.

Parties
Appellant: Kuldip Chand; 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 order quashed; matter remitted for fresh disposal on other issues.
Legal Topics
Selection Process, Comparative Merit, Jurisdiction of Tribunal
Service Law Selection Process Comparative Merit Jurisdiction of Tribunal

Case Brief

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Parties

Kuldip Chand

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 the appellant based on comparative merit and marks awarded in viva voce

Ratio Decidendi

The Tribunal erred in judging comparative merit and finding fault with marks awarded in viva voce, which falls exclusively within the domain of the selection committee; the Tribunal's order is unsustainable as it exceeded its jurisdiction.

Court Disposition

Appeal allowed; impugned order quashed; matter remitted for fresh disposal on other issues.

Orders

  • Order dated 10th December, 1992 quashed.
  • Matter remitted to Tribunal for fresh disposal on merits after hearing parties.