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AHANTHEM BIMOL SINGH, A. GUNESHWAR SHARMA
Ch. Deependra Singh – Appellant
Versus
The State of Manipur – Respondent
JUDGMENT
A. Bimol Singh, J. - Heard Mr. N. Ibotombi, learned senior counsel appearing for the appellants and Mr. Y. Ashang, learned GA appearing for the respondents.
2. The present writ appeal had been filed by eight appellants, who are the petitioners in the writ petition, assailing the judgment and order dated 12-08-2022 passed by the learned Single Judge in WP(C) No. 102 of 2021.
3. The appellants No. 1 to 4 possesses post-graduate degree in Obstetrics Gynaecology and they were initially appointed as Senior Residents in the Department of Obstetrics Gynaecology, Jawaharlal Nehru Institute of Medical Sciences, Porompat (JNIMS) in the month of February, 2011. The appellant No. 5 possess educational qualification of Ph.D. in Medical Science (Microbiology) and she was initially appointed as Tutor/ Demonstrator in the Department of Microbiology, JNIMS on 01-12-2010. The appellant No. 6 possess post-graduate degree in Pharmacology and he was initially appointed as Tutor in the Department of Pharmacology, JNIMS on 01-07-2014. The appellant No. 7 possess post-graduate degree in Physical Medicine and Rehabilitation and he was initially appointed as Senior Resident in the Department of Phys
The court affirmed that public authorities must honor their commitments and adjust eligible candidates against available vacancies as per relevant rules, reinforcing the principle of promissory estop....
The main legal point established in the judgment is the prohibition for retrospective promotion under the Karnataka State Civil Services Act and Rules, and the significance of seniority in determinin....
The main legal point established in the judgment is that eligibility criteria for promotion, as per the applicable regulations, must be met, and the court does not have the power to relax or override....
Point of law: Administrative instructions - Though there is no specific mention with regard to applicability of roster as prescribed in Chapter XIII of Handbook on Personnel Matters in the Rules 2006....
It is under this set of circumstances, that the impugned action of the authority is not only unjust and arbitrary but deserves to be corrected, which has been rightly done by learned Single Judge
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