LAWS(SC)-2014-4-3

BISHNU BISWAS Vs. UNION OF INDIA

Decided On April 02, 2014
Bishnu Biswas Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These appeals arise out of the common judgment and order dated 5.4.2013, passed by the High Court of Calcutta, Circuit Bench at Port Blair in W.P.C.T. Nos.607-610 of 2012 partly allowing the appeals against the judgment and order dated 24.8.2012, passed by the Central Administrative Tribunal, Calcutta (Circuit Bench, Port Blair) (hereinafter referred to as the 'Tribunal') allowing the O.A. No.124/AN/2010 and quashing the appointment orders dated 5.2.2009 and 4.6.2009.

(2.) Facts and circumstances giving rise to these appeals are:

(3.) Shri Mahabir Singh, learned senior counsel duly assisted by Ms. Aishwarya Bhati, learned counsel appearing for the appellants has submitted that the employer has a right to prescribe for a higher qualification or a stringent test than prescribed under the statutory rules in order to select the best candidates and once the selection is over and the candidates appeared without any protest, they cannot be permitted to make a summer salt and challenge the selection as a whole. Thus, the judgments impugned i.e. of the Tribunal as well as of the High Court are liable to be set aside.