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Supreme Court of India 2017-08-29 allowed

Syed Mohammad vs Union of India & Ors

Bench: 2 — Kurian

In Brief

A bank clerk sought promotion to Officer based on written test and performance appraisal scores, despite not sitting for the interview component of the selection process. The High Court held the interview was mandatory. The Supreme Court reversed this, holding that since the selection rules prescribed no minimum qualifying marks for the interview, non-participation did not disqualify the candidate. As the appellant secured sufficient aggregate marks and was senior to equally-scoring candidates, the seniority-cum-merit principle entitled him to promotion. The Court found no procedural flaw in the bank's appointment decision and allowed the appeals.

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Administrative Law Selection and Promotion Seniority-cum-Merit Procedural Justice Employment Law

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