Dispute Over Medical College Appointment: Supreme Court Dismisses Appeal
The case of Shushma Pandey v. Sheela Sharma & Ors. dealt with a dispute regarding the appointment of a professor in the Department of Obstetrics and Gynecology at Patliputra Medical College, Dhanbad. The appeal arose from an order passed by the Patna High Court in L.P.A No.1323 of 1998.
Background of the Case
The appellant, Shushma Pandey, had been appointed as a professor at Patliputra Medical College. However, this appointment was contested by Sheela Sharma and others, leading to litigation that reached the Patna High Court. The High Court ruled on the matter, and dissatisfied with the decision, Shushma Pandey appealed to the Supreme Court.
Key Legal Issues
- Was the appointment of the appellant legally valid?
- Did the contesting respondent have a superior claim to the post?
- What were the procedural or legal irregularities in the appointment?
Arguments of the Appellant (Shushma Pandey)
The appellant argued that:
- Her appointment was made following due process and was legally valid.
- There was no procedural irregularity that could justify interference by the courts.
- The challenge by the respondent was baseless and motivated by personal grievances.
Arguments of the Respondent (Sheela Sharma & Ors.)
The respondents countered by asserting that:
- The appellant’s appointment was not made in accordance with established norms.
- The selection process was flawed, leading to an unfair appointment.
- They had a valid legal claim to challenge the decision.
Supreme Court’s Judgment
The Supreme Court, comprising Kurian Joseph and R. Banumathi, ruled that since both the appellant and the contesting respondent had retired from service, the matter had become infructuous. Therefore, the Court dismissed the appeal, stating that “practically nothing survives in this Appeal.”
Conclusion
This case highlights the importance of timely litigation in service matters. The Supreme Court’s decision to dismiss the appeal due to retirement underscores the principle that judicial resources should not be spent on matters that no longer hold practical significance.
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Download Judgment: Shushma Pandey vs Sheela Sharma & Ors. Supreme Court of India Judgment Dated 27-07-2017.pdf
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