Employees State Insurance Corporation ... vs Mohit Kumar Sharma

ik-21120238 Delhi High Court 20 December 2025 • 18 min read

Judges (2)

Madhu Jain Coram Navin Chawla Delivered

Counsel (5)

Abhijit Chakravarty Counsel Petitioner Keshav Singh Counsel Respondent Sourabh Ahuja Counsel Respondent T. Singhdev Counsel Petitioner Yamini Singh Counsel Petitioner

Parties (2)

Employees State Insurance Corporation Petitioner Mohit Kumar Sharma Respondent

Case Significance

Employees State Insurance Corporation ... vs Mohit Kumar Sharma is a Delhi High Court decision dated December 20, 2025 (citation: ik-21120238). ESIC challenged the CAT order directing reconsideration of the respondent's case regarding a recruitment process where the respondent was not selected despite clearing the cut-off marks. The Division Bench distinguished the Supreme Court's K. Manjusree ruling (which concerned post-hoc benchmark prescriptions) from the present case where the benchmark was prescribed beforehand in the advertisement, and held that the decision to leave vacancies unfilled by fixing a cut-off was within the employ The bench comprised Justices Madhu Jain and Navin Chawla. The judgment was delivered by Justice Navin Chawla. Counsel appearing: Abhijit Chakravarty (counsel for petitioner), Keshav Singh (counsel for respondent), Sourabh Ahuja (counsel for respondent), T. Singhdev (counsel for petitioner), Yamini Singh (counsel for petitioner).

Summary

ESIC challenged the CAT order directing reconsideration of the respondent's case regarding a recruitment process where the respondent was not selected despite clearing the cut-off marks. The Division Bench distinguished the Supreme Court's K. Manjusree ruling (which concerned post-hoc benchmark prescriptions) from the present case where the benchmark was prescribed beforehand in the advertisement, and held that the decision to leave vacancies unfilled by fixing a cut-off was within the employer's domain. The CAT orders were set aside and the petition was allowed.

What was the outcome of Employees State Insurance Corporation ... vs Mohit Kumar Sharma?

ESIC challenged the CAT order directing reconsideration of the respondent's case regarding a recruitment process where the respondent was not selected despite clearing the cut-off marks. The Division ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-21120238)