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2019 Supreme(SC) 71

D.Y.CHANDRACHUD, HEMANT GUPTA
Rajasthan State Sports Council – Appellant
Versus
Uma Dadhich – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sandeep Pathak, Ms. Archana Pathak Dave, Mr. Utsav
For the Respondents: Mr. Rishabh Sancheti, Mr. Sanyat Lodha, Mr. P.V. Saravana Raja

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

Leave granted.

2. Respondent no. 1 was appointed under the Rajasthan State Sports Council on the post of Coach Grade-III on 20 March 1986. She was thereafter promoted as Coach Grade-II on 22 February 1990 and as Coach Grade-I on 10 January 1997.

3. On 27 February 2009, nine persons were promoted to the post of Sports Officer from the post of Coach Grade-I. Respondent No. 1 instituted a writ petition before the High Court against the decision of the appellant to promote respondent No. 2 for vacancies falling in the year 2003-2004.

4. The learned Single Judge dismissed the writ petition by an order dated 1 April 2015. In appeal, a Division Bench of the High Court reversed the judgment of the learned Single Judge.

5. While reversing the judgment of the learned Single Judge, the High Court has observed as follows:-

“It is not in dispute that the criteria of seniority-cum-merit and merit for the purpose of promotion to the post of Sports Officer was introduced by the Rajasthan State Sports Council Service Rules, 2006. The criteria settled in the year 2006 by no stretch of imagination could have been made applicable for the vacancy that occurred prior to











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