9911796707
|
Home
Issues:
1. Denial of appointment based on caste verification by the Scrutiny Committee. 2. Refusal of appointment due to expiration of the panel of selected persons. 3. Contention regarding the legality of denying appointment to a duly-selected candidate. Analysis: 1. The appellant, a Scheduled Tribe candidate selected for the post of Assistant Personnel Officer, was denied employment based on the opinion of the Caste Scrutiny Committee that he did not belong to the Halba caste. The High Court, in a writ petition, determined that the appellant indeed belonged to the Halba caste and directed the employer to consider his appointment. However, the employer refused to appoint him citing the expiration of the panel of selected persons. The Court held that the appellant's right to appointment cannot be denied based on the expired panel, especially when the initial denial was due to the employer's erroneous decision, which was later overturned by the High Court. 2. The appellant's counsel argued that once the High Court reversed the decision of the screening committee and confirmed the appellant's caste status, the appellant's right to appointment should not be affected by the expiration of the panel or the appointment of someone else. The Court agreed with this argument, emphasizing that the appellant's selection was valid, and the denial of appointment was unjust due to the employer's mistake. The Court held that the appellant's right to the post cannot be taken away, and ordered the Maharashtra State Electricity Board to appoint him within two months, clarifying that the appointment would be prospective. 3. The Board's counsel contended that there was no violation of the Court's direction as the appellant had filed a contempt petition which was later dropped. However, the Court found merit in the appellant's argument that the denial of appointment was unlawful, and the appellant's right to the post should be upheld. The Court emphasized that the denial was not due to any fault of the appellant but was a result of the employer's erroneous decision. Therefore, the Court set aside the High Court's judgment and directed the Board to appoint the appellant to the post he was selected for, within a specified timeframe. In conclusion, the Supreme Court allowed the appeals, emphasizing the importance of upholding the rights of duly-selected candidates and ensuring that denials of appointment are not based on erroneous decisions or technicalities like the expiration of selection panels.
|
