In Brief
Maj. Gen. Manomoy Ganguly challenged his non-selection as Director General Medical Services (Army). The Armed Forces Tribunal allowed his plea and directed his appointment as DGMS (Army). The Union challenged, arguing that suitability must be assessed comparatively (inter se) among eligible officers, not merely as individual fitness. The Court held that 'inter se suitability' requires comparing all eligible officers' fitness, not merely testing individual suitability. Though the respondent was senior-most, the appointment decision failed to fairly evaluate inter se suitability. The Court quashed the appointment of Lt. Gen. Sanjiv Chopra but remitted the matter to the Raksha Mantri for fresh, objective consideration rather than directing the respondent's appointment.
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