VidhiSangh

Supreme Court of India · 27/06/2022

MANOJ PARIHAR & ORS. versus STATE OF JAMMU & KASHMIR & ORS

[2022] 7 S.C.R. 611 · 2022 INSC 654

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Summary

Munsiffs of the 2003 batch in Jammu & Kashmir, selected through the Public Service Commission's 2002 examination, were placed in the gradation list according to roster points under the Reservation Rules, so reserved-category officers displaced general-category officers who had ranked higher in merit. In a second round after remand by the Supreme Court, the High Court quashed the gradation list of 01.06.2010 and directed that seniority be re-framed strictly according to merit, with those delayed in promotion to be treated as eligible for the limited competitive examination for the higher judicial service. The reserved-category officers sought leave to appeal, relying on the High Court's Full Court resolution of 1994 adopting the roster for seniority and the prospective operation of the 2005 Reservation Rules.

Issues

  1. Whether the inter se seniority of Munsiffs directly recruited on the Public Service Commission's recommendations is to be fixed on the basis of roster points under the reservation rules or in the order of merit at selection.
  2. Whether a long-standing administrative practice of the High Court, or the alleged non-retrospectivity of the 2005 Reservation Rules, warrants an exception for the 2003 batch.

Provisions considered

Held

Result

Special leave petition dismissed; the Jammu & Kashmir and Ladakh High Court's judgment of 27.05.2022 in SWP No. 1350 of 2011, quashing the gradation list of 01.06.2010 and directing seniority of the 2003 batch of Munsiffs to be re-framed strictly according to merit, affirmed.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 611.