Writ petition challenging appointment of a medical officer on contract without being a local candidate. Court held preference does not guarantee absolute precedence without proven equal merit. Petition dismissed for lack of merits.
The writ petition was dismissed with no relief granted to the petitioners.
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Court No. - 34
Case :- WRIT - A No. - 17692 of 2013
Petitioner :- Dr. Sanjesh Kumar and others Respondent :- Union of India and others Counsel for Petitioner :- S.M.Tripathi Counsel for Respondent :- C.S.C.,A.S.G.I.-6557/2013,H.K.Misra,Ms. Anuradha Sundaram
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
"The 'preference' envisaged in the rules, in our view, under the scheme of things and contextually also cannot mean, an absolute en bloc preference akin to reservation or separate and distinct method of selection for them alone. A mere rule of preference meant to give weightage to the additional qualification cannot be enforced as a rule of reservation or rule of complete precedence."
Appeal No. 306 of 2007 (Daya Ram Singh Vs. State of U.P. and others ).
entitled for benefit of Clause pertaining to preference. In absence of any such case made out by petitioners, we find no merits in the writ petition.
Order Date :- 18.4.2018 PS
2 issues framed by the court
Whether preference for local candidates creates an absolute right to be appointed ahead of all others.
Whether the petitioners established equal positioning with other candidates to claim additional weightage.
Colour shows how this judgement treated each authority
State of U.P. and another Vs. Om Prakash and othersReferred¶8
State of U.P. and another Vs. Om Prakash and others AIR 2006 SC 3080 · Who else cites this
Secretary, Andhra Pradesh Public Service Commission Vs. Y.V.V.R. Srinivasulu and othersReferred¶9
Secretary, Andhra Pradesh Public Service Commission Vs. Y.V.V.R. Srinivasulu and others (2003) 5 SCC 341 · Who else cites this
Daya Ram Singh Vs. State of U.P. and othersReferred¶11
Special Appeal No. 306 of 2007 (Daya Ram Singh Vs. State of U.P. and others)
Dr. Sanjesh Kumar
Union of India
Sudhir Agarwal
Ifaqat Ali Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
