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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Devendra Gupta – Appellant
Versus
Narayan Prasad – Respondent
JUDGMENT :
A. R. Masoodi, J.
1. These three intra-court appeals are directed against the common judgement rendered by the writ court. Special Appeal No. 254 of 2019 has been filed by the appellants Dr Devendra Gupta and Dr Amitabh Arya, whereas, Special Appeal No. 255 of 2019 has been filed by the appellant Dr Vikas Agarwal. The appellants in both the above appeals were not a party to the writ proceedings. The intra-court Appeal No. 384 of 2023 has been filed by Dr Richa Mishra who firstly approached the writ court by means of Writ-A No. 2542 of 2023 which was dismissed on the ground of the matter being pending before the Chancellor against the same cause. The Chancellor has also decided the issue in line with the judgement rendered by the writ court assailed in the former two appeals mentioned above.
2. After dismissal of Dr. Richa Misra’s writ petition by the writ court on the aforementioned ground, the judgement so passed as a matter of fact has remained unchallenged, but feeling aggrieved against the consequential effect of the earlier judgement assailed in the former two intra-court appeals pursuant to which the Chancellor has finally set aside the order dated 9.8.2018, an intra
The court upheld the validity of appointments made under the reservation policy, emphasizing that challenges to such appointments after a significant delay are barred by principles of delay and lache....
The court upheld the validity of appointments made under the reservation policy, emphasizing that claims regarding seniority must be raised timely and that errors in selection processes should not pe....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
Merit-based seniority must prevail in public service appointments despite procedural delays, ensuring fair treatment and equal opportunities as mandated by service regulations.
Law cannot come to the rescue of the official respondents in having extended a benefit in favour of certain employees in disregard of rules and the law on the subject. The Court cannot be a signatory....
Point of Law : Only those appointments which were made up to the date of the learned Single Judge's decision would be continued and no further appointments on the basis of Rule 3(B) would be consider....
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