The Doctrine of Prospective Overruling II

Posted on by Rudrajyoti Nath Ray

If criteria for promotion is merit-­cum­-seniority, comparative merit has to be evaluated. In case of merit­-cum­-seniority, even a Junior may steal a march over his Seniors for accelerated promotion.

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What was done in Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604 was actually a declaration of law. Therefore, same will have retrospective effect. P.V. George v. State of Kerala, (2007) 3 SCC 557 held, power to apply Doctrine of Prospective Overruling must be exercised in clearest possible term.

Therefore, it is clear, anything done as a consequence of P.S. Ghalaut v. State of Haryana, (1995) 5 SCC 625 cannot stand since this Court did not apply Doctrine of Prospective Overruling in Bimlesh Tanwar in express terms.

– Two-Judge Bench of Hon’ble Supreme Court of India, Manoj Parihar v. State of J&K, [Special Leave Petition (Civil) No. 11039 of 2022].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.