VidhiSangh

Supreme Court of India · 08/12/2021

THE DIRECTOR OF INDIAN SYSTEM OF MEDICINE & ANR. ETC. versus DR. SUSMI C.T. & ANR. ETC.

[2021] 9 S.C.R. 573 · 2021 INSC 839

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Summary

The Court set aside directions requiring additional medical-officer vacancies to be reported for appointment from an expiring Kerala ranked list. The Tribunal had assumed that higher-grade promotions created entry-level vacancies and overlooked the department’s undisputed vacancy data and excess cadre strength. Ranked-list inclusion did not create an unconditional appointment right, though arbitrary withholding of vacancies remained reviewable after considering the State’s explanation. The High Court also erred in rejecting scrutiny on laches and supposed finality despite review proceedings and the recruitment-wide implications.

Issues

  1. Whether the record justified directions to report additional vacancies from the ranked list.
  2. Whether delay or unchallenged connected orders foreclosed review of those directions.

Provisions considered

Held

Result

Department’s appeals allowed without costs; impugned High Court judgments and orders, together with the Tribunal’s additional-vacancy directions, set aside.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 573.