AI Overview...
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Adverse Selection - Refers to the process where individuals with undesirable traits or adverse records are more likely to be selected or considered unsuitable for promotions, benefits, or positions. Multiple cases highlight how adverse entries or remarks influence decision-making, often leading to rejection or reversal of promotions, or requiring careful consideration to avoid unfair discrimination Arun Kumar Jha VS State of Bihar through the Principal Secretary, Education Department - Patna, R. K. Singh VS State Of U. P. - Supreme Court, Girish Bihari (Dr. ) VS State of U. P. , Lucknow - Allahabad, Madan Mohan Lohia VS State of Rajasthan - Rajasthan, State Of Uttarakhand VS Shrish Kumar - Uttarakhand.
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Impact on Promotions and Appointments - Adverse entries in service records, character rolls, or ACRs (Annual Confidential Reports) can disqualify candidates from promotions or selection scales. Courts have scrutinized whether such entries were properly communicated and considered, emphasizing that uncommunicated adverse remarks cannot be held against an employee Girish Bihari (Dr. ) VS State of U. P. , Lucknow - Allahabad, Madan Mohan Lohia VS State of Rajasthan - Rajasthan, State Of Uttarakhand VS Shrish Kumar - Uttarakhand.
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Legal and Procedural Safeguards - Decisions based on adverse entries must adhere to principles of fairness, proper communication, and lawful consideration. Expunged or invalid adverse remarks should not influence current decisions, and consideration of adverse entries must follow due process, including sealed cover procedures when adverse remarks are received late or are contested R. K. Singh VS State Of U. P. - Supreme Court, Madan Mohan Lohia VS State of Rajasthan - Rajasthan, Tej Pal Singh VS State Of U. P. - Allahabad.
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Reversal and Quashing of Decisions - Arbitrary or unjust adverse recommendations can lead to judicial intervention, including quashing orders. Courts have emphasized that adverse recommendations must be reasoned, non-arbitrary, and based on proper procedures; otherwise, such orders can be set aside Arun Kumar Jha VS State of Bihar through the Principal Secretary, Education Department - Patna, Chitra Arora VS State of Rajasthan - Rajasthan.
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Insights - Proper communication, lawful consideration, and the removal or expungement of adverse entries are critical in ensuring fair promotion processes. Courts have consistently protected employees from unfair adverse remarks, especially when such remarks are uncommunicated, expunged, or improperly considered.
Analysis and Conclusion - Adverse selection in administrative and judicial contexts hinges on the fairness of evaluating adverse entries. Ensuring transparent communication, adherence to due process, and the legality of considering adverse remarks are vital to prevent arbitrary decisions and uphold employee rights. Courts have reinforced that adverse entries must be properly documented, communicated, and lawfully considered, with undue reliance or consideration of expunged or uncommunicated adverse remarks being invalid.
Search Results for "Adverse Selection"
2017 0 Supreme(Pat) 707 • India - Patna
AHSANUDDIN AMANULLAH
Committee's adverse recommendation. ... Committee's adverse recommendation was arbitrary. ... Committee's adverse recommendation was arbitrary, leading to the quashing of the impugned order. ... The said Committee gave an adverse report and the Vice Chancellor of the University has issued an order reverting the petitioners back to the post of Reader, which has been notified by the impugned order. ... 4. ... It appears that under the garb of consideration of their representation, the Vice Chancellor referred the matter to....
1991 0 Supreme(SC) 244 • India - Supreme Court
P.B.SAWANT, K.N.SINGH
Issues: The issues involved the denial of Selection Grade due to adverse entries, the expungement of adverse entries during ... Adverse Entries - Selection Grade - The court allowed the appeal, set aside the order of the Central Administrative Tribunal, ... Fact of the Case: The appellant challenged the denial of Selection Grade by the State Government due to two adverse ... Once the adverse entries awarded to the appellant were expunged the appel....
• India - Consumer
M.SHREESHA
For this reason, as there was no possibility of an adverse selection the IRDA while clearing the policy vide its letter of 6th October 2003, specifically directed the insurer to remove all exclusion clauses other than suicide clause.
• India - Allahabad
K.N.SINGH, B.N.SAPRU
INDIAN POLICE SERVICE - Promotion to the post of Deputy Inspector General of Police - Selection committee - Adverse entries in ... the character roll - Wiping off of adverse entries on promotion - President’s Police Medal - Selection by the Union Government - ... The selection committee had considered the petitioner's service record and found him unsuitable for promotion, relying on adverse ... It cannot be disputed that where selection is on the basis of merit, absen....
2025 Supreme(Online)(CAT) 11579 • India - Central Administrative Tribunal
SURESH KUMAR BATRA, J, RASHMI SAXENA SAHNI, A
... ... Issues: Whether 'Good' grading constituted an adverse grading meriting communication to the applicant? ... non-communication of 'Good' grading in ACRs for 2012-13 and 2014-15 was illegal. - Court affirmed the applicant's grading was not adverse ... If the assessment of 'Good' by the Selection Committee was sufficient for inclusion in the Select List? ... Suresh Kumar, HPS are concerned, adverse remarks were recorded in their ACRs, hence, the same were conveyed to them. The adverse remarks in ca....
2015 0 Supreme(J&K) 163 • India - Jammu and Kashmir
HASNAIN MASSODI
visited with adverse consequences when he admittedly has not contributed to such consequences. ... This is the reason that even where APRs of an officer for the relevant period are adverse, the Selection Committee has to go for sealed cover procedure and even in such an extreme case, not to deny consideration. ... If in case of adverse APRs, consideration is not to be denied, how would such a course be open in case APRs are not received well in time and on receipt found to have graded the officer very good or outstanding....
1996 0 Supreme(Raj) 1271 • India - Rajasthan
M.G.MUKHERJI, BHAGWATI PRASAD
the consideration of adverse entries in the APRs for granting the selection grade. ... The court considered adverse entries in his APRs and the date for granting selection grade. ... the 10% post condition and adverse entries in his APRs. ... A representation was preferred by him and the learned District and Sessions Judge, Jodhpur decided his representation and held that the appellant had an adverse entry in his APR for the year 1984-85, and therefore, on the basis of that a....
2017 0 Supreme(Raj) 2197 • India - Rajasthan
SANJEEV PRAKASH SHARMA
scale – Adverse remarks could not have been considered and therefore, the order, reviewing the selection scale of the petitioner ... required to be interfered with on the basis of the so-called adverse remarks of 1992-93 since it stood already expunged. – Order ... of selection scale granted to her earlier w.e.f. 30.10.1994 was sought to be withdrawn and the date of grant of selection scale ... In reply, the respondents state that while she was granted earlier the selection scale w.e.f....
2021 0 Supreme(UK) 241 • India - Uttarakhand
RAGHVENDRA SINGH CHAUHAN, NARAYAN SINGH DHANIK
Fact of the Case: The claimant, a member of the State Civil Service, was denied the selection scale of pay due to adverse ... Issues: The issue was whether adverse entries not communicated prior to the holding of the Selection Committee could be read ... Adverse Entries - State Civil Service - The court held that adverse entries not communicated to an employee cannot be read against ... Moreover, for the second time, the said adverse entries were communicated on 02....
1996 0 Supreme(All) 991 • India - Allahabad
J.C.GUPTA
The adverse entry relied upon by the Selection Committee to find him unsuitable for regularisation had been expunged by the D.D.R ... The court held that the Selection Committee erred in law by taking into consideration the expunged adverse entry and not taking into ... APPOINTMENTS (ON POSTS OUTSIDE THE PURVIEW OF PUBLIC SERVICE COMMISSION) RULES, 1979 - RULE 3 - TERMINATION OF SERVICES - SUITABILITY - ADVERSE ... THE Selection Committee has erred in law by taking into consideration t....
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