KISHOR KUMAR & ORS. versus PRADEEP SHUKLA & ORS.

KISHOR KUMAR & ORS. versus PRADEEP SHUKLA & ORS.

Candidates denied appointment under batch-wise policy are entitled to the benefit of seniority-based recruitment as held in Santosh Kumar Mishra’s case, and subsequent policy cannot to their disadvantage be applied retrospectively; merit-based selection can be introduced only after accommodating such candidates.

Parties
Petitioner: Kishor Kumar; Respondent: Pradeep Shukla
Jurisdiction
India
Judgment Date
29 February 2012
Procedural Posture
Special Leave Petition (civil) / Supreme Court Judgment on SLP
Outcome
Petitions dismissed
Legal Topics
Direct Recruitment, Appointment Procedure, Seniority Vs. Merit, Interpretation of Recruitment Rules
Service Law Direct Recruitment Appointment Procedure Seniority Vs. Merit Interpretation of Recruitment Rules

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Parties

Kishor Kumar

Petitioner

Pradeep Shukla

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Judgment on SLP

Legal Issues

  1. 1 Whether the process of batch-wise appointment as per Rule 15(2) of U.P. Procedure for Direct Recruitment of Group 'C' Posts may be altered to the detriment of candidates denied appointment by that process.
  2. 2 Whether candidates with superior merit but belonging to subsequent batches can claim appointment over earlier diploma holders.

Ratio Decidendi

Candidates denied appointment under batch-wise policy are entitled to the benefit of seniority-based recruitment as held in Santosh Kumar Mishra’s case, and subsequent policy cannot to their disadvantage be applied retrospectively; merit-based selection can be introduced only after accommodating such candidates.

Court Disposition

Petitions dismissed

Orders

  • All pending applications disposed of by virtue of this judgment
  • All similarly situated candidates entitled to the benefit of Santosh Kumar Mishra’s case