VidhiSangh

Supreme Court of India · 28/04/2023

SUNIL & ORS. versus HIGH COURT OF DELHI & ORS. ETC

[2023] 5 S.C.R. 87 · 2023 INSC 459

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In a Delhi High Court recruitment of private secretaries, thirteen candidates obtained re-evaluation of their answer sheets under court orders and all gained marks; a Special Committee later accorded them notional seniority as per the revised marks, but the High Court set that aside and placed them below the last originally appointed candidate. The Supreme Court restored the Special Committee's decision, holding that once the limited re-evaluation had attained finality, candidates whose marks rose had to be placed at their correct position in the merit list, and that originally selected candidates who neither sought re-evaluation nor challenged its limited scope could not complain.

Issues

  1. Whether candidates whose marks were increased on re-evaluation are entitled to be ranked in the merit list according to the revised marks, with notional seniority from the date of the original select list, for the purpose of future promotions.
  2. Whether candidates appointed under the original merit list, who did not seek re-evaluation or challenge the decision to confine re-evaluation to thirteen candidates, can later object that the revised merit list operates to their disadvantage.
  3. Whether the rule that seniority runs only from the date of entry into the cadre, as applied in K. Meghachandra Singh, governs a case where the revision is a correction of the original select list.

Provisions considered

Held

Result

Appeals allowed; High Court's common judgment set aside; the Special Committee's decision dated 01.10.2018 restored; the appellants held entitled to notional seniority from 30.01.2017 in accordance with their revised marks on re-evaluation. No costs.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 87.