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Service & Administrative LawSupreme Court of India

Dr. Purshotam Kumar Kaundal v. State of Himachal Pradesh and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1956 of 2014)Decided 11 Feb 2014
Civil Appeal No. 1956 of 2014
Justice Ranjana Prakash Desai · Justice Madan B. Lokur

Background

Dr. Gupta was not considered for an Assistant Professor promotion because officials said his pharmacology postgraduate degree lacked Medical Council of India recognition. The High Court ordered a review of the 2001 promotion exercise. Dr. Kaundal challenged that order because reconsidering Gupta could affect his own seniority.

Decision Breakdown

The Supreme Court dismissed Kaundal's appeal. The service rules required a recognised postgraduate degree in the relevant subject, and Gupta held one from a recognised statutory university. Those rules expressly demanded Medical Council recognition for specified other qualifications but did not impose that additional requirement for this degree. Gupta therefore had to be reconsidered and, if found suitable, receive consequential benefits; Kaundal's existing seniority did not justify preserving an erroneous exclusion.

Lesson Learnt

Recruiting authorities must apply the qualifications actually specified in the service rules. Another employee's promotion prospects do not justify adding an eligibility condition or denying correction of an earlier mistake.

Dr. Purshotam Kumar Kaundal v. State of Himachal Pradesh and Others – Legal Case Shots | LegalAware