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Supreme Court of India 2024-02-20 allowed

MANOJ KUMAR vs UNION OF INDIA & ORS

Bench: 2 — Pamidighantam Sri Narasimha, Sandeep Mehta

In Brief

A primary school teacher vacancy was advertised with marks allocated for additional qualifications, including 6 marks for a Post Graduate Degree. The appellant held such a degree but was denied those 6 marks on the newly-introduced ground that it must be 'in the relevant subject'—a criterion absent from the original criteria. The respondent who was selected had received 7 marks for a professional qualification (M.Ed.). The High Court dismissed the appellant's challenge, citing judicial restraint in academic matters. The Supreme Court held that the denial was arbitrary and illegal, as the selection criteria clearly distinguished between general qualifications (PG Degree) and specialized ones (professional qualification). Though the school had since closed, preventing reinstatement, the Court awarded compensation of Rs. 1,00,000, establishing that courts have a duty to provide reasonable restitution when arbitrary administrative action cannot be remedied by the original remedy."

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Administrative Law Judicial Review Public Law Arbitrary Action Restitution Civil Service Education Law Recruitment Compensation

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