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Dr. Umesh Kumar v. State of U.P.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 752 of 2017)Decided 20 Jan 2017
Civil Appeal No. 752 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

Dr. Umesh Kumar had submitted a representation (dated 16.09.2016) seeking consideration for "placement," but the High Court declined to even consider it, on the ground that he had approached the Court too late (delay). He appealed to the Supreme Court against this refusal to consider his representation on a technical delay ground.

Decision Breakdown

The Supreme Court granted leave and, without issuing notice to the respondents, examined the petition and representation itself. It held there was no justification for shutting out the appellant purely on the ground of delay, especially since his representation was still pending before Respondent No. 2. The Court expressly did not comment on the merits of the underlying placement claim, but disposed of the appeal by directing Respondent No. 2 to consider the pending representation strictly on its own merits and pass appropriate orders within three months of being given a copy of the judgment, with no order as to costs.

Lesson Learnt

A government authority or lower court cannot refuse to even consider a pending representation or grievance merely by citing "delay" if the representation itself remains undecided: procedural delay is not a valid reason to avoid deciding a matter on its actual merits.

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

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