SONIA versus ORIENTAL INSURANCE CO. LTD. AND ORS.

SONIA versus ORIENTAL INSURANCE CO. LTD. AND ORS.

The Office Memorandum dated 6-11-2003 does not have retrospective effect and cannot be applied to the pending selection process initiated by advertisement dated 30-10-2003. Appellant, who acted upon the advertisement permitting exchange of reservations, is entitled to be empanelled for interview.

Parties
Appellant: Sonia; Respondent: Oriental Insurance Co. Ltd.
Jurisdiction
India
Judgment Date
07 August 2007
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Reservation Policy, Exchange of Sc/st Vacancies, Retrospective Effect of Government Orders, Promotion Process
Service Law Reservation Policy Exchange of Sc/st Vacancies Retrospective Effect of Government Orders Promotion Process

Case Brief

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Parties

Sonia

Appellant

Oriental Insurance Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether Office Memorandum dated 6-11-2003 withdrawing exchange of reservation between Scheduled Castes and Scheduled Tribes applies retrospectively to pending selection processes.
  2. 2 Whether appellant, a Scheduled Caste candidate, was entitled to compete for the vacancy reserved for Scheduled Tribes as per advertisement dated 30-10-2003.
  3. 3 Whether the appellant has a legal right to be considered for interview and selection to the post of Assistant Administrative Officer.

Ratio Decidendi

The Office Memorandum dated 6-11-2003 does not have retrospective effect and cannot be applied to the pending selection process initiated by advertisement dated 30-10-2003. Appellant, who acted upon the advertisement permitting exchange of reservations, is entitled to be empanelled for interview.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside.
  • Respondents directed to call appellant for interview for selection to the post of Assistant Administrative Officer.