SARAT KUMAR DASH AND ORS. versus BISWAJIT PATNAIK AND ORS.

Citation: [1994] SUPP. 5 S.C.R. 223 · Decided: 27-10-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Appeal(s) allowed
cites 1 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

SARA T KUMAR DASH AND ORS. 
A 
v. 
BISWAJIT PATNAIK AND ORS. 
OCTOBER 27, 1994 
[I(. RAMASWAMY ANDN. VENKATACHALA, JJ.J 
B 
/ 
SERVICE LAW-Promotion-Principle of 'merit-cum-suitability with 
due regard to seniority '-Seniority should have no role to play when 
candidates found to be meritorious and suitable for higher posts-When 
objective criteria evolved in awarding marks to candidates-No separate 
reasons in arranging order of merit need be given. 
C 
NATURAL JUSTICE-Principle of audi alterim partem-Omission to 
give reasons-Whether amounts to violation of principle of natural justice. 
While the appellants and respondents were continuing as Drug 
Inspectors, four vacancies for the post of Asstt. Drugs Controller had D 
arisen . .Preceding regular appointment, the Government constituted a 
Departmental Promotion Committee which had considered and 
recommended the cases of respondents for ad hoc promotion to the 
posts and the Government had appointed the respondents and referred _ 
the matter to the Public Service Commission for recommendation for 
regular appointments. Before recommending to the PSC, since no rules E 
or the criteria for consideration was prescribed, the Government 
decided to adopt 'merit-cum-suitability with due regard to seniority' as 
principle to consider the case of the persons for promotion. The names 
of 12 candidates, including adhoc promotee5 were sent to the P.S.C. for 
consideration. 
F 
Adhering to the evolved criteria, considering the cases of the 
candidates, the names of the appellants and the 5th respondent were 
recommended for regular promotion. Accordingly, they came to be 
appointed by the Government. The respondents challenged their 
appointments. The Tribunal set aside the appointments on the findings G 
that there was no rule prohibiting the PSC to give reasons in support of 
their recommendations; reasons were necessary for evaluation of the 
relative merits of the candidates, the Government independently had 
not applied its mind to the merits of the candidates; no speaking order 
was passed in making promotions; and the seniority was not given any 
due consideration. 
H 
223 
224 
SUPREME COURT REPORTS 
[1994] SUPP. 5 S.C.R. 
A 
These appeals had been filed challenging the order of the Tribunal. 
It was contended by the appellants that in case Qf 'merit-cum-
suitability with due regard to seniority', the principle of seniority has 
no role to play. 
The respondents contended that the PSC itself had evolved grading 
B 
of outstanding, very good, good, satisfactory, average etc. from C. Rs. 
and it was not open to the PSC to evolve grading. 
· 
c 
D 
E 
F 
G 
H 
Allowing the appeal, this Court 
HELD : 1.1. In the case of merit-cum-suitability, the seniority 
should have no role to play when the candidates were found to be 
meritorious and suitable for higher posts. This principle inculcates 
dedicated service, and accelerates ability and encourage merit to excel 
merit. The seniority would have its due place only where the merit and 
ability are approximately equal or where it is not possible to assess 
inter-se merit and the suitability of two equally eligible competing 
candidates who come very close in the order of merit and ability. Under 
those circumstances, the seniority will p'ay its due role and calls it in 
aid for consideration. But in case where the relative merit and 
suitability or ability has been considered and evaluated, and found to 
be superior, then the seniority has no role to play. In the instant case, 
the PSC had evolved the correct procedure in grading the officers and 
the marks had been awarded according to the grading. The grading 
was given by the Government and the PSC evolved the criteria of 
giving marks on the basis of the grading given by the Government. The 
principle of 'merit-cum-suitability with due. regard to seniority' had 
been correctly applied to the facts in this case. It was also seen that the 
· PSC had objectively evolved the criteria and determined the merit and 
suitability of the candidates. (229-E-G, 230-B, D) 
R.S. Das v. U.0.1. and Ors., (1986) Suppl. SCC 617; National 
Institute of Mental Health and Neuro Sciences v. Dr. K Kalyana Raman 
and Ors., AIR (1992) SC 1906 and Syed Khalid Rizvi and Ors. v. U.0.1. 
and Ors., (1993) Suppl. 3 SCC 575, relied on. 
1.2. The principle of audi a/terim partem is a basic concept of the 
principle of natural justice. Howevet, the doctrine is not a cure to all 
the ills in the process.
Excerpt shown. Read the full judgment & AI analysis in Lexace.