P.U. Joshi & Ors., Union Of India & Ors vs The Accountant General, Ahmedabad, & ... on 19 December, 2002
4. Respondents relied on the judgement of the Hon'ble Supreme
Court in the case of Union of India and others Vs. Basudeba Dora and
others [2003-SCC (LPS 191)] that
"it is within the competency of the state to change the rules
relating to a service and it is not for the statutory Tribunals, to
direct the Government to have a particular method of recruitment
or eligibility criteria or avenues of promotion Therefore, the
averment of the applicant that the merit in the qualifying
examination should have been the criteria for the selection when
a tie of marks occurred in the competitive examination, rather
giving weightage to the length of service is not tenable. Marks
scored by the applicant at the matriculation level have no role for
considering him for appointment to the post of Postman".
The position of the 6th respondent in the seniority list is 514 whereas that the
applicant is 546 and both of them secured 142 marks in the examination.
The 6th respondent is senior to the applicant both in the seniority list and as
per the age.