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AIR 2011 SUPREME COURT 2947 ::2011 AIR SCW 4626
Supreme Court Of India
(From : Madhya Pradesh)
Hon'ble Judge(s): G. S. Singhvi, A. K. Ganguly , JJ

(A) Constitution of India , Art.16— Inter se seniority - Determination - Criteria - Specialist Medical Officers in various disciplines - Appointed on same date without preparing combined merit list - Rule fixing criteria to determine seniority absent - In circumstances age of candidate would be rational factor to determine seniority - Seniority determined on basis of date of interview - Liable to be set aside as date of interview is wholly fortuitous. Writ Petition No. 5238 of 2000, D/- 30-6-2003 (M.P.), Reversed.O. M. of Govt. of India, D/- 28-8-1946, Cl. 2 (iv). (Para 27 30 34) (B) Constitution of India , Art.16— Seniority - Is a vital aspect in service career of employee - Determination of seniority must therefore be based on some principle which is just and fair. (Para 24) .....

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