Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench comprising of Sunil Gaur, J., disposed of a writ petition before it. The petitioner, an unsuccessful candidate for the post of Trained Graduate Teacher (TGT) in Mathematics, had filed the writ petition against the appointment of Respondent 7, who was selected as TGT in Dhanpatmal Virmani Secondary School, Roop Nagar, Delhi.

The petitioner’s case was that the Masters’ degree held by Respondent 7 was fabricated and that there was interpolation of marks scored by Respondent 7 in the interview. The petitioner submitted that while she was working as a guest teacher in another school, Respondent 7’s ineligibility gave her a valid claim to be appointed as TGT. The petitioner submitted that several representations in this regard were made but to no avail. She also brought to light the fact that she had sent a legal notice to the respondents but there was no response to it.

The Court adjudged that a proper inquiry was called for, considering the fact that Respondent 7’s marks were handwritten whereas the other candidates’ were printed in the interview score sheet and that Respondent 7 claimed to have earned an MA in Mathematics from Kalinga University, Raipur, Chhatisgarh, which is a full time regular course, while she was in regular service in a MCD school within the same period. The Court directed that the conclusions of the inquiry be communicated to the petitioner so she may avail remedy available under law. Petition disposed of. [Ashu Rani v. Dhanpatmal Virmani Senior Secondary School,2018 SCC OnLine Del 7127, decided on 07.02.2018]

Case BriefsSupreme Court

Supreme Court: Stating that ‘transfer’ and ‘recruitment by transfer’ are entirely two different concepts, the Court said that no doubt transfer can be from one category to another category or within the class if the rule permits interchangeability of the categories within a class but any other transfer both intra category and inter category are in fact, under law is a selection and appointment by way of a transfer from one category to another or from one class to another class or from one service to another.

Explaining further, the Court said that transfer in relation to service simply means a change of a place of employment within an organization. Such transfer being to a similar post in the same cadre and therefore, obviously such a transfer does not result in the termination of his lien in the parent cadre but recruitment by transfer is a different service concept altogether. Once an employee undergoes a transfer by way of a recruitment to a different cadre or to a different service, the employee loses his lien in the parent cadre/service. In that process, there is an induction to a new cadre and sometimes with a different type of duty. Such induction has distinct consequence on the career of the employee different from what would have been the normal course had he continued in the parent service.

The bench of Kurian Joseph and R. Banumathi, JJ also explained the difference between ‘Seniority’ and ‘eligibility’ and said that as far as promotion or recruitment by transfer to a higher category or different service is concerned if the method of promotion is seniority-cum-merit or seniority per se, there is no question of eligible senior being superseded. Other things being equal, senior automatically gets promoted. But in the case of selection based on merit-cum-seniority, it is a settled principle that seniority has to give way to merit. Only if merit being equal senior will get the promotion. It was held that merely because a person is senior, if the senior is not otherwise eligible for consideration as per the rules for promotion, the senior will have to give way to the eligible juniors. [Palure Bhaskar Rao v. P. Ramaseshaiah, 2017 SCC OnLine SC 388, decided on 12.04.2017]