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Supreme Court of India 2018-08-21 allowed

Swapna Mohanty vs State of Odisha & Ors

Bench: 2 — L. Nageswara Rao

In Brief

The case involved a dispute between two lecturers over appointment to a single post at a college in Odisha. The Appellant's employment was terminated in 2001, but this order was set aside in 2006. The State Education Tribunal approved her appointment to the higher post. The High Court reversed this, holding that the competing claimant (Respondent No. 4) was not impleaded and the Director of Higher Education lacked jurisdiction. The Supreme Court held that Respondent No. 4 was not a necessary party to consequential benefit proceedings and that the Director retained jurisdiction to decide the appeal filed before the College's grant-in-aid admission. The judgment of the High Court was set aside and the Appellant's appeal was allowed.

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