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Dr. Susmita Bhattacharya v. Chancellor, D.D.U. Gorakhpur Univ. & Ors

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3362 of 2017)Decided 27 Feb 2017
Civil Appeal No. 3362 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The appellant claimed promotion under the Career Advancement Scheme, which the University had rejected despite an earlier order of the Chancellor. The High Court dismissed her writ petition only on the ground that she had an alternative remedy.

Decision Breakdown

This is not a final decision on the dispute. On 27 February 2017 the Court found that the alternative remedy, which meant going back before the same Chancellor, was not meaningful. It set aside the High Court's order and sent the writ petition back to the High Court to be decided on merits.

Lesson Learnt

There is no final ruling yet on the promotion claim. A petitioner should not be turned away on an alternative remedy that in substance sends her back to the same authority that already ruled against her.

Official source (sci.gov.in)View Judgment (PDF)

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