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february 1966

Supreme Court of India · 1966-02-14

MERVYN COUTINDO & ORS. vs COLLECTOR OF CUSTOMS, BOMBAY & ORS.

Citation / case number
SC 1964/90311
Court
Supreme Court of India
Petitioner
MERVYN COUTINDO & ORS.
Respondent
COLLECTOR OF CUSTOMS, BOMBAY & ORS.
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,SIKRI, S.M.,RAMASWAMI, V.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.

Judgment text excerpt

The Supreme Court held that the rotational system for fixing seniority among Appraisers and Principal Appraisers in the Customs Department does not inherently violate Article 16(1) of the Constitution, as it aims to balance promotees and direct recruits. However, applying this system to Principal Appraisers, who are promoted solely from Appraisers, results in inequality and denies equal opportunity, thus rendering the system invalid in that context. The Court distinguished this case from T. Devadasan v. Union of India, emphasizing the unique recruitment source for Principal Appraisers.

MERVYN COUTINDO & ORS. vs COLLECTOR OF CUSTOMS, BOMBAY & ORS. · Niyam