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Civil · Reportable judgment

Biju K.K. vs Cochin University of Science and Technology, Kochi & Ors.

Court
Supreme Court of India
Date
11 July 2022
Case No.
Civil Appeal No. 4144 of 2022
Result
Partly allowed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2022] 7 S.C.R. 596 : 2022 INSC 674
Supreme Court Reports [2022] 7 S.C.R. 596 : 2022 INSC 674
Headnote

Service Law – Non-consideration of a specific plea by the High Court – Appellant was serving as Technical Assistant Grade II on daily wages in school of Engineering – He applied for the post of Technical Assistant Grade -II in terms of notification issued by the respondent University – He was placed much below in the rank list by Selection Committee as he was awarded less marks on experience ignoring his earlier services rendered as daily wagers – Decision of Selection Committee was challenged and plea was raised that the original respondent no.6 was also lacking the eligibility criteria – Single Judge of High Court held that Selection Committee decision is not arbitrary and Court cannot exercise power of judicial review – Appeal against the decision of Single Judge was dismissed by the Division Bench of the High Court – Held: The decision of the Selection Committee was challenged and therefore, the High Court was not justified in not deciding the same on merits on the ground that when the Selection Committee has taken a decision, in exercise of powers under judicial review the High Court is not required to interfere with the same – Specific plea raised by the appellant ought to have been considered by the High Court – Decision of Division Bench and of Single Judge set aside – The matter remitted to the Single Judge of the High Court to consider the writ petition afresh on whether the Selection Committee was justified in awarding the marks on experience ignoring the services rendered by the appellant as daily wager and also whether the respondent no.6 was fulfilling the requisite eligibility criteria as per the advertisement – Appeal partly allowed.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.06.2016 passed by the High Court of Kerala at Ernakulam in Writ Appeal No.1593 of 2014 by which the Division Bench of the High Court has dismissed the said appeal and has not interfered with the judgment and order passed by the learned Single Judge dismissing the writ petition preferred by the appellant herein – original writ petitioner, the original writ petitioner has preferred the present appeal. 2. That the appellant herein - original writ petitio
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