In Brief
Direct appointees (ad hoc 1987, regularised 2001) challenged a 2007 seniority list placing promotees above them, arguing promotees lacked mandatory UPPSC consultation as required by Article 320(3) of the Constitution. The Supreme Court held that while Article 320(3) is not absolutely mandatory, complete withdrawal of PSC consultation is unconstitutional. The 4th Amendment to the 1985 Rules did not cover Assistant Engineer posts, so consultation was mandatory but was omitted—an irregularity, not illegality, curable through prospective action. The Court directed UPPSC consultation within two months. Notably, the appellants themselves had never been appointed through UPPSC, undermining their technical objection. The Court disposed of the appeals conditional on UPPSC concurrence and directed no further litigation."
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