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Supreme Court of India 2019-09-17 allowed

Pradeep Singh Dehal vs State of Himachal Pradesh & Ors

Bench: 2 — Hemant Gupta

In Brief

The Himachal Pradesh University conducted separate selection processes for unreserved and OBC category posts for the same Assistant Professor position. The writ petitioner, interviewed under the general category, received 5 marks for 'publications', while the appellant, interviewed for the OBC category, received none—despite both being assessed on the same criteria. The High Court added marks to the writ petitioner's score. The Supreme Court set aside the High Court's approach as it interfered impermissibly with expert discretion. However, it held the separate selection processes themselves were procedurally defective. The Court directed a fresh joint merit list combining all categories, as reserved candidates meeting general standards should compete on open merit, and appointed candidates would not be disturbed except the appellant's appointment.

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Constitutional Law Administrative Law Higher Education Reservation and SC/ST/OBC Service Law Appointment Procedure Judicial Review

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