eng
competition

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High Court: Government cannot bypass eligible officers in family welfare service for director's post

created Wednesday August 20, 05:57 by Pooja Namwal


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A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed a petition challenging the Central Administrative  Tribunal's decision, which had upheld the Government's appointment of an outsider officer to the post.  
The Court observed that while exigencies may sometimes require assigning charge to an ineligible person, such an arrangement should, in the fitness of things, be made from within the same service. The Bench attributed the Government's difficulty in finding an eligible candidate to its own failure in convening Departmental Promotion Committee/Public Service Commission meetings regularly .  
Though the Court noted that ordinarily one eligible officer cannot challenge the appointment of another ineligible officer, it clarified that where an officer within the service is unfairly ignored in favour of an outsider without reasonable justification, judicial scrutiny is permissible.
 

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