In A Court, Balance Is Sometimes Between Unjust And More Unjust: CJI DY Chandrachud

CJI DY Chandrachud on Thursday remarked that balance in court was not always between just and unjust but sometimes it was between two unjust things. He stated that in such cases, the court had to determine what was more unjust. The remark was made in a dispute concerning appointments and promotion of Assistant Section Officers. The matter which was heard by a bench comprising CJI DY Chandrachud and Justice PS Narasimha. While dealing with the matter, CJI Chandrachud said–

"Injustice is not merely looking at the merits of the matter. Injustice is also looking at whether we should unsettle settled issues. In a court, the balance is not always between what is just and what is unjust. Sometimes it is unjust and unjust. Then we have to see which one is more unjust. Now to unsettle the issue will be more unjust."

The petitioners had requested the court that appointments that were made by direct recruitment or promotion to the post of Assistants which were made between 2002 and 2005 prior to the promotion of the petitioners should be reviewed and should be declared to be nullity. The petitioners submitted that only after such review the Section Officers post by way of promotion should be filled up.

CASE TITLE: R.THENMOZHI-I AND ORS. v. HIGH COURT OF JUDICATURE AT MADRAS AND ORS. | Diary No. 32571-2021 XII

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