STATE OF U.P. AND ANR. versus SANTOSH KUMAR MISHRA AND ANR.

STATE OF U.P. AND ANR. versus SANTOSH KUMAR MISHRA AND ANR.

The State's action of shifting from batchwise appointment to merit-based selection for direct recruitment of diploma-holder pharmacists, after previously excluding respondents based on batchwise criteria, amounted to arbitrary and unjust treatment. The same rules cannot be applied differently to the disadvantage of the same candidates. Hence, respondents and similarly-situated persons must be accommodated as per the earlier practice before implementing merit-based selection.

Parties
Petitioner: State of U.P. and Anr.; Respondent: Santosh Kumar Mishra and Anr.
Jurisdiction
India
Judgment Date
03 August 2010
Procedural Posture
Special Leave Petition (civil) / Supreme Court Final Order/dismissal
Outcome
Special Leave Petitions filed by the State of U.P. dismissed; certain SLPs of other parties allowed
Legal Topics
Selection and Appointment, Interpretation of Rules, Batchwise Appointment, Doctrine of Past Practice, Equity
Service Law Selection and Appointment Interpretation of Rules Batchwise Appointment Doctrine of Past Practice Equity

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Parties

State of U.P. and Anr.

Petitioner

Santosh Kumar Mishra and Anr.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Final Order/dismissal

Legal Issues

  1. 1 Whether the State of Uttar Pradesh acted legally in denying appointment to diploma holders in Pharmacy (respondents) based on a shift in selection criteria from previous batchwise practice to merit selection.
  2. 2 Whether the application of the U.P. Pharmacists Service Rules, 1980, and subsequent amendments, allowed exclusion of respondents twice from appointment by applying the rules differently at separate points in time.
  3. 3 Whether the 'doctrine of past practice' and principles of equity demand accommodation of the respondents before adopting merit-based selection.

Ratio Decidendi

The State's action of shifting from batchwise appointment to merit-based selection for direct recruitment of diploma-holder pharmacists, after previously excluding respondents based on batchwise criteria, amounted to arbitrary and unjust treatment. The same rules cannot be applied differently to the disadvantage of the same candidates. Hence, respondents and similarly-situated persons must be accommodated as per the earlier practice before implementing merit-based selection.

Court Disposition

Special Leave Petitions filed by the State of U.P. dismissed; certain SLPs of other parties allowed

Orders

  • Selection process for respondents to be considered in accordance with pre-existing batchwise practice; remaining vacancies to be filled strictly as per Rule 15(2) of the 1980 Rules.
  • Age relaxation to be provided to respondents if they have crossed age limit.