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    <title>2000 (7) TMI 1017 - Supreme Court (LB)</title>
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    <description>SC held that appointment to Army Commander is a selection post: the governing criteria (&quot;fit in every respect&quot; and reference to an officer being &quot;not selected&quot;) require evaluative choice, so HC erred in treating seniority as determinative; consequently, the senior-most eligible officer had no automatic entitlement. SC further held that the one-year Corps command requirement was not satisfied: a six-month waiver was strictly limited and could not be enlarged by counting earlier &quot;in-charge&quot; periods, placing the officer outside the zone of consideration; consequently, HC&#039;s finding of eligibility was set aside. SC also held that ACR remarks on fitness are only an input and not conclusive; consequently, HC&#039;s ACR-centric approach was rejected. SC upheld the Cabinet Secretary&#039;s comparative assessment of service profiles within limited judicial review; consequently, HC&#039;s interference with the Government&#039;s decision was unjustified.</description>
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    <pubDate>Fri, 28 Jul 2000 00:00:00 +0530</pubDate>
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      <title>2000 (7) TMI 1017 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=465447</link>
      <description>SC held that appointment to Army Commander is a selection post: the governing criteria (&quot;fit in every respect&quot; and reference to an officer being &quot;not selected&quot;) require evaluative choice, so HC erred in treating seniority as determinative; consequently, the senior-most eligible officer had no automatic entitlement. SC further held that the one-year Corps command requirement was not satisfied: a six-month waiver was strictly limited and could not be enlarged by counting earlier &quot;in-charge&quot; periods, placing the officer outside the zone of consideration; consequently, HC&#039;s finding of eligibility was set aside. SC also held that ACR remarks on fitness are only an input and not conclusive; consequently, HC&#039;s ACR-centric approach was rejected. SC upheld the Cabinet Secretary&#039;s comparative assessment of service profiles within limited judicial review; consequently, HC&#039;s interference with the Government&#039;s decision was unjustified.</description>
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      <pubDate>Fri, 28 Jul 2000 00:00:00 +0530</pubDate>
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