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Supreme Court of India 2021-11-17 remanded

Vinod Kumar Bhagat and Ors vs State of Jammu & Kashmir and Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Vinod Kumar Bhagat and others, general category Judicial Magistrates, challenged a gradation list prepared under Rule 5 of the Jammu and Kashmir Reservation Rules, 2005, which placed reserved category candidates ahead of them based on roster points, leading to their displacement in the promotion list. The High Court found the gradation list invalid and set aside the promotions. This appeal assesses whether the High Court properly decided the case. The Supreme Court held the High Court erred by invoking a constitutional precedent (Ashok Kumar's case) not argued by the petitioners. It remanded the matter to the High Court to decide afresh on the core issue: whether roster points can determine seniority for promotion, focusing solely on the grounds actually raised.

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Constitutional Law Reservation Judicial Service Seniority Promotion Merit vs. Reservation

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