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2022 Supreme(SC) 716

K. M. JOSEPH, HRISHIKESH ROY
Employees State Insurance Corporation – Appellant
Versus
Vinay Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manoranjan Paikaray and Tejaswi Kumar Pradhan
For the Respondent: Shailesh Madiyal, Ms. Neha Jain, Pratik Samajpathi and Rajan Parmar

ORDER :

1. Leave granted.

2. On 1.3.2018, advertisements were issued for calling for online applications to fill up among other posts, post of Associate Professor for the colleges run by the first appellant-corporation. In this case, we are concerned with the Dental College. However, on 21.3.2018, notice was issued to keep the recruitment process in abeyance in regard to the post of Associate Professor and Professor for administrative reasons, according to the appellant. Respondent No. 1 applied for the post of Associate Professor in Dentistry under the Scheduled Caste category at the ESIC Medical College, Bengaluru, by application dated 31.3.2018. Respondent No. 4 came to be promoted on 12.7.2018 to the post of Associate Professor with effect from 19.4.2017. The first respondent filed OA No. 298 of 2019 on 8.3.2019 seeking directions to fill up the post of Associate Professor in terms of advertisement dated 1.3.2018. After setting up the pleadings, the Central Administrative Tribunal passed an order in favour of the first respondent. The appellants challenged the said order before the High Court and the High Court dismissed the writ petition for the reasons as follows:

    “2. The facts

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