Explore the intricate legal analysis provided by the High Court in a case focusing on the eligibility criteria for the Assistant General Manager (Legal) position. Uncover the court’s scrutiny of the qualifications required for the role and the significance of evidence submission by the petitioners. Stay updated on the developments in this case where the court’s meticulous examination plays a crucial role in determining the outcome.
Facts
- The interim order dated 21.08.2018 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition Nos.8601, 19018, 18976, 9565 of 2012 and 72605 of 2011 is being challenged.
- These appeals are related to the mentioned writ petitions.
- The specific issues and arguments presented in the writ petitions form the basis for these appeals.
- The respondent no.1 applied for the post of Assistant General Manager (Legal) but did not provide details of the required experience in his application form.
- Despite being successful in the written test and interview, his candidature was rejected by the appellants for failing to meet the required criteria.
- Respondent no.1 filed Writ Petition No. 8601 of 2011 regarding the rejection.
- The number of advertised posts was later increased to 17.
- These appeals pertain to the selection process for 13 posts of Assistant General Manager (Legal) as per the advertisement dated 08.01.2011.
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Arguments
- The challenge raised in respect of the advertisement was rejected by the High Court of Delhi.
- The concerned candidates had raised the challenge in the High Court.
- Mr. Ranjit Kumar, learned Senior Advocate, brought attention to this challenge during the appeals.
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Analysis
- The Division Bench directed the Deputy General Manager to notify a date for submission of appropriate evidence of eligibility criteria for the post of Assistant General Manager (Legal) by the petitioners and other interested applicants.
- The purpose of this exercise is to ensure that the Court does not waste time in dealing with frivolous claims.
- The Select Committee’s decision requires the submission of evidence to demonstrate fulfillment of eligibility criteria by the petitioners on the last date of application submission.
- The notification must specify the deadline for submitting the required evidence.
- This exercise aims to ascertain whether the petitioners and other candidates met the eligibility/qualification criteria as of the last date of application submission.
- The merits of the case are still pending consideration before the High Court.
- The directions issued by the High Court at the interim stage were deemed unnecessary.
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Decision
- The interim order passed by the Court staying the operation of the directions by the High Court shall continue during the challenge before the High Court.
- Deputy General Manager (RPI) of FCI to prepare a chart after evidence submission by petitioners.
- Chart to disclose whether petitioners have submitted appropriate eligibility evidence.
- High Court requested to dispose of pending writ petitions within six months of receiving the order.
- Civil Appeals disposed without costs.
Case Title: CHAIRMAN FOOD CORPORATION OF INDIA Vs. MANOJ KUMAR SRIVASTAVA (2021 INSC 489)
Case Number: C.A. No.-005760-005764 / 2021
