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april 1980

Supreme Court of India · 1980-04-09

HARI DATT KAINTHLA & ANR. vs STATE OF HIMACHAL PRADESH & ORS.

Citation / case number
SC 1975/60421
Court
Supreme Court of India
Petitioner
HARI DATT KAINTHLA & ANR.
Respondent
STATE OF HIMACHAL PRADESH & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court addressed the legality of promotions in the Himachal Pradesh Subordinate Judicial Service, specifically regarding the promotion of respondents 3, 4, and 5 to District/Additional District & Sessions Judges. The Court held that promotions to selection posts must be based on merit rather than seniority, as stipulated under Article 16 of the Constitution of India. The Court ruled that the appellants, who were junior in the gradation list, could challenge the promotions, emphasizing the necessity of considering all eligible candidates based on merit as per Articles 233, 235, and 236.

HARI DATT KAINTHLA & ANR. vs STATE OF HIMACHAL PRADESH & ORS. · Niyam