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Rank in merit list & not date of joining to determine Seniority

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Rank in merit list & not date of joining to determine Seniority

A Bench of Justice SD Anand and Dr. AK Mishra at the Chandigarh Bench of Central Administrative Tribunal have held that the relevant criterion for determining seniority would have to be order of merit at the time of appointment and not date of joining government service.

In the case in question police inspector Harjit Kaur, presently on deputation with CBI, had challenged denial of seniority over two other colleagues who were placed above her in seniority list on the basis of their date of joining service.

Petitioner claimed that at the time of initial appointment she was placed third in merit list for women recruits. However Kaur could was offered appointment only when the second in list was found medically unfit. In the meantime other colleagues joined the department 18 days prior to the petitioner.

An office order dated 21 April,1989 passed by the then Senior Superintendent of Police, U.T., however came to Kaur’s rescue which stated that she be placed senior to ASI’s Dilsher Singh and Gurmukh Singh selected in the same recruitment process keeping in view their lower rank in the merit list.

Kaur who had already received two promotions based on the seniority fixed in 1989 was in for a shock when she was on deputation at a UN Peace Keeping Mission at Kosovo. By a office order she was placed at a lower level than the other two ASI’s. Upon contesting her case the Director General of Police, U.T., on 5 November, 2009 turned down her plea primarily on the ground of delay and latches.

Agreeing with Kaur’s counsel the Bench held that as per Rule 12.2 (3) of the Punjab Police Rules, as applicable to U.T. Chandigarh, the inter-se seniority of police officers of the same selection, has to be reckoned by the order of merit as determined/ fixed by the selection body. Giving relief the Bench ruled that the petitioner shall be treated as senior to Dilsher Singh and Gurmukh Singh for all intents and purposes and shall also be entitled to the consequential benefits.

Source: Lawetal

Should be given proper attention to offer additional subject in CBSE schools...

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(An Autonomous Organisation under the Union Ministry of Human Resource Development Govt. of India)

Dated : 6.12.2010


All Heads of Schools
Affiliated to the Board

Dear Sir / Madam,

As you are aware that as per scheme of studies, a candidate is required to offer the following subjects at secondary School Examination (Class X) :

    (1) and (2) Two languages out of –

    “Hindi, English, Assamese, Bengali, Gujarati, Kannada, Kashmiri, Marathi, Malayalam, Manipuri, Oriya, Punjabi, Sindhi, Tamil, Telugu, Urdu, Lepcha, Limbu, Bhutia, Sanskrit, Arabic, Persian, French, German, Portuguese, Russian, Spanish, Nepali, Tibetan and Mizo.

    (3) Mathematics
    (4) Science
    (5) Social Science
    (6) Work Education or Pre‐Vocational Education
    (7) Art Education
    (8) Physical and Health Education

NOTE :     Hindi and English must be one of the two languages to be studied in Class IX and X. Hindi and English can also be offered simultaneously. In Hindi and English, two courses have been provided for Class IX and X keeping in view the varying background of the student. A student may either opt Communicative‐English (subject code 101) or English Language and Literature (Subject Code 184). Similarly, in Hindi, a student may either opt for Hindi A (Code 085) or Hindi B (002).

02.     Students may also offer any one of the following as an additional subject :

Language other than the two compulsory languages (offered as subjects of study)


Commerce, Painting, Music, Home Science or Foundation of Information Technology

03.     It has been observed that a number of schools allow their candidates to offer an additional subject and the same is entered against their names in the List of Candidates.However, it is understood, in a number of cases, the students are not taught the above subjects in the schools. This practice is against the norms of the Board. A school can offer only those subjects for which the school is having necessary infrastructure i.e. a qualified teacher and other facilities like laboratory etc and the candidate must be taught complete course of each subject including the additional subject.

04.     I am writing to impress upon all Heads of Schools to ensure that candidates may be allowed to offer an additional (sixth) subject only if the school has necessary facilities such as a qualified teacher and laboratories etc. and the additional (sixth) subject must be given proper attention by the schools in case the students have been permitted to offer the subject in classes IX and X.

Yours faithfully,
(M.C. Sharma)
Controller of Examinations

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