TEJINDER KAUR & ORS. versus LADY CONSTABLE RAJ KUMARI & ORS.

TEJINDER KAUR & ORS. versus LADY CONSTABLE RAJ KUMARI & ORS.

In view of the peculiar situation where the appellants had completed training and were not shown to be party to wrong allotment of marks, it would be inequitable to deprive them of the benefits. The selection cannot be set aside. Raj Kumari did not make the grade and therefore her claim fails.

Source-derived case information.

Parties
Appellant: Tejinder Kaur & Ors.; Respondent: Lady Constable Raj Kumari & Ors.
Jurisdiction
India
Judgment Date
05 November 2008
Procedural Posture
Civil Appeal / Disposal of Appeals
Outcome
appeal allowed in part and dismissed in part
Legal Topics
Selection for Training, Promotion, Written Test, Revaluation of Answer Scripts, Quashing of Selection
Service Law Selection for Training Promotion Written Test Revaluation of Answer Scripts Quashing of Selection

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Parties

Tejinder Kaur & Ors.

Appellant

Lady Constable Raj Kumari & Ors.

Respondent

Procedural Posture

Civil Appeal / Disposal of Appeals

Legal Issues

  1. 1 Whether the revaluation of answer scripts and subsequent selection process were proper
  2. 2 Whether the selection of candidates who completed training should be set aside due to reduced marks on revaluation
  3. 3 Whether unsuccessful candidate should be allowed to take the training course

Ratio Decidendi

In view of the peculiar situation where the appellants had completed training and were not shown to be party to wrong allotment of marks, it would be inequitable to deprive them of the benefits. The selection cannot be set aside. Raj Kumari did not make the grade and therefore her claim fails.

Court Disposition

appeal allowed in part and dismissed in part

Orders

  • That part of the High Court order setting aside selection of appellants is set aside.
  • Raj Kumari's appeal dismissed as she did not make the grade.