VidhiSangh

Supreme Court of India · 28/03/2018

HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRAR GENERAL versus THE STATE OF UTTAR PRADESH & ORS.

[2018] 9 S.C.R. 1090 · 2018 INSC 291

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Summary

The Supreme Court upheld the administrative placement of the disputed Uttar Pradesh Higher Judicial Service promotees above direct recruits without applying rotation in the peculiar delayed-recruitment circumstances. Although quota-rota was mandatory, applying it here would seriously prejudice promotees where vacancy determination and suitability testing had been delayed. The promotees’ separate demand for seniority before selection also failed: the retrospective suitability-test requirement was valid and appointments governed their seniority. The direct recruits’ writ was dismissed and the promotees’ challenge remained rejected.

Issues

  1. Whether promotees could claim seniority before selection without satisfying the retrospective suitability-test requirement.
  2. Whether quota-rota required disturbing the administrative seniority arrangement despite the exceptional recruitment history.

Provisions considered

Held

Result

Appeal arising from SLP (C) 26993/2017 allowed and direct recruits’ Writ Petition 1880/2017 dismissed. Dismissal of promotees’ Writ Petition 16569/2016 upheld and their appeal dismissed; other matters disposed of accordingly.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 1090.