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2001 Supreme(SC) 830

B.N.AGARWAL, G.B.PATTANAIK
Chief Justice High Court Of Bombay – Appellant
Versus
B. S. Nayak – Respondent


ORDER

The High Court of Bombay is in appeal against the judgment of the Division Bench of the Bombay High Court. The disputes relates to the fixation of criteria of merit-cum-seniority for filling up the post of the Private Secretaries to the Hon ble Judges of the High Court. The learned Chief Justice in September, 1991 fixed the principle and directed that "The criteria for promotion shall be merit-cum-seniority to be adjudged with reference to confidential records and dictation-typing and interview tests. Leave and attendance records shall also be taken into consideration". When appointments were made filling up the post of Private Secretaries following the aforesaid criteria, writ petition was filed by respondent No. 1 alleging inter alia that the earlier practice of filling up these posts by seniority have been changed and the changed criteria not having been given due publicity, the so called promotion/appointment made must be struck down. The High Court, by the impugned judgment, was persuaded to accept this submission of respondent No. 1, who was the writ-petitioner, and came to hold that the criteria in question not having been duly notified or wide publicity to the same no



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