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2023 Supreme(Del) 3244

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
Pallavi Gupta – Respondent


Advocates appeared:
Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates, for UOI in W.P.(C) 14908/2022, CM APPLs. 45835/2022 & 53190/2022 and W.P.(C) 16852/2022, CM APPL. 53356/2022.
Mr. Arun Bhardwaj, Senior Advocate with Mr. Nishant Bahuguna, Advocate, for the Respondent in W.P.(C) 14908/2022, CM APPLs. 45835/2022 & 53190/2022.
Mr. Naresh Kaushik & Ms. Shikha John, Advocates, for UPSC in W.P.(C) 14908/2022, CM APPLs. 45835/2022 & 53190/2022 and W.P.(C) 16852/2022, CM APPL. 53356/2022.
Mr. Shivam Garg, Advocate, for the Respondent in W.P.(C) 14908/2022, CM APPLs. 45835/2022 & 53190/2022 and W.P.(C) 16852/2022, CM APPL. 53356/2022.
Mr. Shashibhushan P. Adgaonkar, Advocate with Mr.Omkar Jayant Deshpande, Advocate, for R-7 to 28 in W.P.(C) 14908/2022, CM APPLs. 45835/2022 & 53190/2022.
Mr. Shivam Garg, Advocate, for the Respondent.

Judgement Key Points

Key Points: - The seniority of candidates appointed from a Reserve List does not rank senior to candidates initially recommended/appointed from the Main List, even if they possess higher marks or joined earlier [judgement_subject]. - The court considered the issue of seniority for Assistant Director, Operations and Deputy Director, Operations posts, analyzing relevant OMs and UPSC guidelines [judgement_subject]. - Candidates appointed from the Reserve List do not rank senior to candidates initially recommended/appointed from the Main List, as the latter possess higher marks and/or had joined the service prior [judgement_subject]. - The Union of India challenged a Tribunal order directing re-fixation of seniority for respondents who were placed below candidates from the Main List despite obtaining higher marks [judgement_subject]. - The court found the impugned Seniority Lists justified and set aside the Tribunal's order [judgement_subject]. - The main issue was whether candidates appointed from the Reserve List would rank senior to those initially recommended from the Main List, considering higher marks or earlier joining [judgement_subject]. - The court relied on DoP&T and UPSC guidelines and case law to conclude that Reserve List candidates do not rank senior to Main List candidates [judgement_subject]. - The court set aside the Tribunal's order and dismissed pending applications [judgement_subject]. - The selection process for direct recruitment through interviews is completed on the date of the Commission's letter containing its recommendations (!) . - For direct recruitment through examination, the selection process is completed on the date of publication/announcement of results (!) . - The UPSC advised preparing a consolidated Merit List with candidates from the Main List in order of merit, followed by candidates from the Reserve List in order of their recommendation letter date (!) (!) . - The court agreed with the UPSC's advice, finding it in conformity with Supreme Court judgments [11000781520039]. - The Tribunal erred in relying on judgments that were subsequently diluted or set aside by higher forums [11000781520041][11000781520042][11000781520043]. - OMs dated August 8, 2013, and January 9, 2014, relate to seniority based on aggregate marks for Civil Service Examination candidates and are not applicable to the situation of determining seniority between Main List and Reserve List candidates [11000781520044]. - The impugned Seniority Lists issued by the petitioners were justified, and the Tribunal's order was set aside [11000781520045].

What is the seniority determination for candidates appointed from a Reserve List compared to those initially recommended from the Main List?

What is the impact of higher marks obtained by candidates from a Reserve List on their seniority compared to candidates from the Main List?

What is the correct procedure for fixing inter-se seniority between candidates from a Main List and a Reserve List when direct recruitment is through interviews?


JUDGMENT

V. Kameswar Rao, J.

1. These two writ petitions have been filed by the Union of India through its functionaries, Ministry of Civil Aviation/Director General of Civil Aviation challenging the common order dated March 24, 2022 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal., for short) in Original Application Nos.1776/2020 and 130/2020 (`OA., for short) whereby the Tribunal has disposed of both the OAs directing the petitioners herein to re-fix the seniority of the respondent No.1 in W.P.(C) 14908/2022 and respondent Nos.1 and 2 in W.P.(C) 16852/2022 at the appropriate place by taking into account the marks obtained by them in the selection process to the post of Assistant Director, Operations and Deputy Director, Operations respectively, by issuing a revised Seniority List.

FACTUAL MATRIX OF W.P.(C) 14908/2022

2. In the year 2014, the Union Public Service Commission (`UPSC', for short)/respondent No.6, invited applications for filling up 44 posts (17-UR, 16-OBC, 8-SC and 3-ST) of Assistant Director, Operations vide advertisement No.09/2004. Subsequent to the interviews conducted, the UPSC recommended successful candidates for appointmen

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