Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5760-5764 OF 2021
(Arising out of SLP (Civil) Nos.27116-27120 of 2018)
CHAIRMAN, FOOD CORPORATION OF INDIA & ANR. ETC. …Appellants
VERSUS
MANOJ KUMAR SRIVASTAVA & ORS. ETC. …Respondents
O R D E R
Leave granted.
These appeals challenge the interim order dated 21.08.2018 passed by the High
Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition Nos.8601,
19018, 18976, 9565 of 2012 and 72605 of 2011.
These appeals arise out of selection initiated by the appellants inter alia in
respect of 13 posts of Assistant General Manager (Legal) vide advertisement dated
08.01.2011. The number of advertised posts was thereafter raised to 17 vide
subsequent communication.
The relevant criteria required to be fulfilled for the posts of Assistant General
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2021.09.23
09:50:47 IST
Reason:
Manager (Legal) was as under:
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“Assistant General Manager (Legal) (Post Code: 07) – Degree in Law from a
recognized university, ii) At least 5 years experience in legal work Central/State
Govt. or a Public/Private Sector Undertaking or 3 years practice at Bar.
Practice at Bar: Apart from providing the certificate from the concerned Bar
Council/Association, the candidate shall be required to certify with appropriate
evidence that she/he has represented in at least 5 matters in a year while
practicing at the Bar.”
The respondent no.1 herein applied for the post. However, his application form
did not indicate any details pertaining to the experience that was required in terms of
criteria referred to hereinabove.
The respondent no.1 was successful in the written test and interview but his
candidature was rejected by the appellants on the ground that he had failed to satisfy
the required criteria.
This led to the filing of Writ Petition No.8601 of 2011 by the respondent no.1.
Similar Writ Petitions were preferred by other candidates before the High Court. By
an interim order dated 21.08.2018, which is presently under challenge, the following
directions were issued by the Division Bench:
“Before we proceed to address the issue that has been noticed by us in our
order dated 23.07.2018, to ensure that the Court does not waste its time in
dealing with frivolous claim, we consider it appropriate to first ascertain
whether the petitioners are in a position to submit appropriate evidence as
required by the decision of the Select Committee to demonstrate that they
fulfilled the eligibility criteria for appointment on the post of Assistant General
Manager (Legal) (Post Code-VII) on the last date of filing of the application
form under the advertisement.
We, accordingly, direct the Deputy General Manager (RPI), Food Corporation
of India, New Delhi to notify a date after four weeks and within six weeks
from today calling upon the petitioners as well as other applicants, who may be
interested, to submit appropriate evidence of the nature that was considered fit
by the Select Committee to ascertain whether the petitioners as well as other
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candidates such as the petitioners, on the last date of submission of application
form, as notified by the advertisement, held the requisite
eligibility/qualification for the post of Assistant General Manager (Legal) (Post
Code-VII).
For such exercise, it would be appropriate that the petitioners be intimated
about the date by which they have to submit such appropriate evidence.
After the evidence is submitted by the petitioners/candidates, the Deputy
General Manager (RPI), Food Corporation of India, New Delhi shall prepare a
chart disclosing whether the petitioners have been able to submit the
appropriate evidence in respect of their eligibility, as desired, or not. The said
chart shall be filed along with an affidavit of the concerned respondents by the
next date.”
Being aggrieved by the above directions the instant appeals have been preferred
by the appellants.
Heard Mr. Ranjit Kumar, learned Senior Advocate in support of the appeals and
Mr. Rakesh K. Khanna, learned Senior Advocate for the respondent no.1.
Our attention was invited by Mr. Ranjit Kumar, learned Senior Advocate to the
challenge raised in respect of the very same advertisement in the High Court of Delhi
where the challenge raised by the concerned candidates was rejected.
We need not go into the merits inasmuch as the matters are still pending
consideration before the High Court. It must however be observed that the directions
issued by the High Court at the interim stage were not called for.
Since this Court has already stayed the operation of the directions issued by the
High Court, at the notice stage, while disposing of these appeals, we direct that the
interim order passed by this Court staying the operation of the directions issued by the
High Court, shall be the interim order during the pendency of challenge before the
High Court.
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With these observations, the instant Civil Appeals are disposed of, without any
order as to costs.
Since the challenge is pending in the High Court for the last 10 years, we
request the High Court to consider disposing of the pending writ petitions as early as
possible and preferably within six months of the receipt of the copy of this order.
............................................J.
(UDAY UMESH LALIT)
............................................J.
(S. RAVINDRA BHAT)
............................................J.
(BELA M. TRIVEDI)
NEW DELHI,
SEPTEMBER 17, 2021.