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Supreme Court of India 2022-02-07 allowed

Jagathy Raj V.P vs Rajitha Kumar S. & Ors

Bench: 2 — Rastogi

In Brief

Dr. Jagathy Raj, a senior professor at Cochin University of Science and Technology, initially declined nomination as Head of the Department/Director of School of Management Studies in 2017 to focus on teaching and research. A junior colleague was appointed instead. When the position became available again in 2020, Dr. Raj expressed willingness, and the University nominated him based on seniority. The High Court Division Bench ruled his initial relinquishment was permanent. The Supreme Court reversed this, holding that temporary unwillingness for one rotation does not bar future consideration. Seniority on rotational basis should prevail, and the University's consistent past practice should not be judicially disturbed."

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