Punjab Civil Services (Reservation of Posts for Women) Rules, 2020—Reservation for Women—Appointment—The Supreme Court allowed the appeal of a woman candidate under the ‘SC Sports (Women)’ category, upholding the reservation of one DSP post for women in Advertisement No—14 dated 11.12.2020—The Court rejected the private respondent’s claim to this post, noting he applied under the 'SC Sports' (general) category and could not seek appointment to a post reserved for women—The Court emphasized that eligibility criteria cannot be changed mid-process, referring to the principles in K—Manjusree and affirmed in Tej Prakash Pathak—Since the reservation was in line with the 2020 Rules mandating 33% reservation for women and was unchallenged, the post rightly belonged to the a...

The petitioner, appointed on a temporary contractual basis as Assistant Grade-3 for election duties in the District Election Office, Dhar, challenged the rejection of his representation for regularization of his appointment—The petitioner was appointed on multiple occasions from 2003 to 2014 but was not provided with continuous service records between 2003 and 2014—The petitioner filed W.P. No.1382/2015 seeking regular appointment, which led to a direction for the respondents to examine his claim—The Collector, Dhar, rejected his claim for regularization by citing circulars dated 29.07.1994, 10.12.1993, 10.09.1991, and 29.11.1973, which mandated participation in the selection process for appointment, offering only a preference to surplus employees—The petitioner’s claim for parity with similarly situated empl...

A. Food Safety and Standards Act, 2006 Sections 37, 91, 94 Food Safety and Standards Rules, 2011 Clause 2.1.3—Candidates holding higher qualifications such as Master's or Doctorate degrees in relevant fields like Food Technology, Dairy Technology, Biotechnology, Oil Technology, Agricultural Science, Veterinary Science, Biochemistry, or Microbiology are eligible for the post of Food Safety Officer (FSO) under the Food Safety and Standards Rules, 2011—Excluding these candidates based on an arbitrary interpretation of the term "degree" is unjust and unconstitutional—Such exclusion contradicts statutory provisions and undermines the qualifications required for the post—Recruitment notifications should be aligned with the rules to ensure equal opportunities for candidates with relevant higher education deg...

Appointed as Assistant Engineer—The present appeals challenge the judgment and order passed by the High Court of Kerala affirming the decision of the learned Single Judge, which allowed the writ petition filed by private respondents concerning seniority lists in the Kerala Water Authority—The dispute arose from the promotion of employees holding the post of Draftsman-Grade-I to Assistant Engineers—The Appellants were promoted under the promotion quota while the private respondents were appointed through direct recruitment in the degree quota—The Appellants contended that the Special Rules, 1960 and the Subordinate Service Rules, 1966 were distinct, and the former did not apply to the promotion process for Assistant Engineers—The private respondents, however, argued that the Appellants, having chosen the diplo...

The petitioner, a non-local candidate, was appointed as a Junior Assistant in the Bhadradri-Kothagudem District under the local category due to an inadvertent error in selection—After serving for several months, she was terminated from service on 17.12.2024, as her appointment was deemed invalid due to the error in categorization—The petitioner contended that the termination was arbitrary and violated principles of natural justice, as she was not given prior notice or an opportunity to explain her case—The respondents argued that the appointment was provisional, and the petitioner, being a non-local, was wrongly selected for a local reserved post, which led to her de-selection—The Court, after examining the facts and relevant legal principles, upheld the termination, citing that the appointment was invalid from the...

Service Law—The factors of when, which, what, who, and how in a recruitment or selection process lie within the discretion of the recruiting authority and selectors—However, this process must adhere to statutory provisions and be conducted with absolute fairness and non-arbitrariness—While the law grants the employer-State the authority to decide when and how to initiate recruitment, the Government is responsible for determining the recruitment methodology, stages, selectors, and weightage of various testing methods. Appointment—Though the recruitment process is largely within the Government's discretion, it gains credibility when conducted transparently and impartially, without bias, favoritism, or nepotism—Judicial intervention is generally limited unless there is evidence of mala fide actions—...

Service Law—Delay and Laches—Doctrine of Acquiescence—Writ Petition Filed Post-Retirement Seeking Retrospective Appointment Date—Rejection Justified—The petitioner, retired from the Indian Army in 2010, was appointed as Assistant Lineman by Dakshin Haryana Bijli Vitran Nigam in July 2013 after initially being excluded from the 2012 selection list—He sought retrospective appointment from October 2012 post-retirement in 2021, claiming parity with other candidates—The Court held that the petitioner, having accepted his appointment without protest and raising the claim only after retirement, acquiesced to the respondents' action—Citing Mrinmoy Maity v. Chhanda Koley, 2024 SCC OnLine SC 551, the Court emphasized that delay defeats equity, and writ jurisdiction cannot be invoked at the litigan...

Appointment—The Supreme Court's order in Praveen Kumar v Delhi Subordinate Service Selection Board covers similar cases, including WP (C) 5179/2018—The respondents in WP (C) 5179/2018 were applicants for the Teacher (Primary) post in the Municipal Corporation of Delhi—They passed the Diploma in Education Examination in 2008 and the Dip Ed Examination in 2008—The DSSSB invited applications for the post, but several candidates were declared ineligible due to being overage—The respondents represented against this decision, relying on a judgment in Sachin Gupta v DSSSB, 2008, which allowed age relaxation for candidates who completed the Elementary Teacher Education Course between 2006 and 2008—The respondents instituted OA 450/2015, requesting consideration for the Teacher (Primary) post in the Municipa...

Appointment—The appellant, appointed as Director in 1998, was prematurely retired at the age of 60 by Respondent Nos.1 and 2.He argued that, according to the AICTE and UGC regulations prevailing at the time of his appointment, his superannuation age was 60—However, in 2010, these regulations were amended to extend the age of superannuation to 65, and the appellant sought the benefit of this amendment—The appellant cited various judgments to support his claim that UGC regulations were binding—However, the Court found no merit in his argument, noting that the appellant worked at CSIIT, an institute affiliated with JNT University, governed by the laws of Telangana—The Telangana Government did not adopt the amended superannuation age of 65 years for universities or colleges, maintaining the retirement age at 60, ...

Appointment—Post of Clerk—The appeal challenges the judgment and order of the Punjab and Haryana High Court, which affirmed the decision of a Single Judge to consider and offer appointment to Chaudhary Charan Singh Haryana Agricultural University for the position of Clerk—The case revolves around the University's establishment in 1970, its outsourcing policy, and the first respondent's employment as a clerk-cum-typist—The University awarded a contract to Lavnya Enterprises, a service agency, for the work between 05.05.2017 and 31.03.2018—The first respondent was awarded a certificate of experience, and the University advertised for direct recruitment to various non-teaching posts—The first respondent applied and offered her candidature, but fell short of selection—The High Court ruled that...

The respondent was appointed as Registrar of Dr. Hari Singh Gour University but later found to lack the required qualifications and experience—The University canceled the appointment, citing misrepresentation of qualifications by the respondent—The respondent contended that he met the eligibility criteria and argued that the cancellation violated principles of natural justice, as no departmental inquiry was conducted—The University defended its decision, stating that the respondent provided false information, justifying the cancellation without an inquiry—The court ruled that the University acted within its rights to cancel the appointment due to the misrepresentation—It held that the cancellation was justified, and the appeal was allowed, setting aside the order that had reinstated the respondent. ...

Civil Procedure Code, 1908 (CPC)—Order 39 Rules 1—The revision petitioner (plaintiff) filed a Civil Revision Petition challenging the Trial Court's order dated June 28, 2022, dismissing his Interlocutory Application (I.A.No.1433 of 2021) seeking the appointment of an Advocate Commissioner in O.S.No.185 of 2016—The plaintiff had filed the suit for a permanent injunction to prevent the defendants from altering the suit property (Odai) into a Pattai—The Trial Court dismissed the application, observing that the issue of whether the property is Odai or Pattai could be decided through revenue records, not by appointing an Advocate Commissioner—The plaintiff's applications were filed after a significant delay, with the case already reserved for judgment—The Court upheld the Trial Court's decision, ...

Arbitrator appointed. Arbitration and Conciliation Act, 1996, Sections 11(6) , S.11(12)(a)—Arbitration application to solve disputes in the drilling fluid industry—Petitioner stated that since the respondents were not paying heed to his repeated requests for issuance of share certificates, the petitioner sent a Common Notice and filed petition to appoint Arbitrator—Respondent denied all claims—It is now well settled law that, at the stage of Section 11 application, the referral Courts need only to examine whether the arbitration agreement exists—Nothing more, nothing less—This approach upholds the intention of the parties, at the time of entering into the agreement, to refer all disputes arising between themselves to arbitration—Arbitrator appointed. (Paras 12, 14, 16, 44) Result:- Petition ...

Rajasthan Technical Education (Engineering) Service Rules, 2010—Rule 36—Appointment—The appellant State challenged the order of termination passed against the respondent, a probationer Lecturer (Electric), on grounds of involvement in a corruption case—The State argued that Rule 36 of the Rajasthan Technical Education (Engineering) Service Rules, 2010, which mandates reversion to the previous post of a probationer before termination, was inapplicable as the respondent had been appointed to a different cadre—The Court, however, found that Rule 36 applied regardless of the cadre difference, as it required reversion to the prior post of a confirmed employee in cases of termination—Additionally, the Court emphasized that the respondent was not afforded an opportunity for a hearing before the termination, wh...

Constitution of India, 1950—Article 226—The petitioners, who were teachers at Army Public School, Udhampur, challenged their termination, claiming it was arbitrary and violated natural justice—They argued that the Army Welfare Education Society (AWES), being a public body performing a public duty, qualifies as a "State" under Article 12 of the Constitution, making the termination subject to judicial scrutiny—The respondent contended that AWES is a private entity, and its relationship with employees is contractual, falling outside the scope of writ jurisdiction—The court referred to previous judgments and concluded that AWES is not a "State" under Article 12, and employment-related disputes are governed by private contracts—As such, the petition was dismissed as non-maintainable, thou...

The petitioner challenged the appointment of the fourth respondent as Assistant Professor in the Department of Folklore at the second respondent University, arguing that the fourth respondent’s Ph.D. in Tamil was not equivalent to the required Ph.D. in Folklore, and therefore, the fourth respondent was ineligible for the post—The petitioner, holding a Ph.D. in Folklore, claimed to be more qualified—The University contended that a Ph.D. in Tamil was equivalent to a Ph.D. in Folklore—The court referred to a prior Division Bench decision, W.A. (MD) Nos. 877 to 879 of 2018, where it was held that a Master's Degree in Tamil is equivalent to a Master's Degree in Folklore, based on an Expert Committee’s opinion—Consequently, the court ruled that the Ph.D. qualifications in Tamil and Folklore were equiv...

Appointment—Promotion—The appellant and private respondents employed in semi-skilled positions at respondent No.2-Factory, a common select list from 1995 established the appellant's higher ranking compared to the private respondents—The appellant was promoted to the 'Skilled' grade in 1999—A 2006 draft seniority list, which was based on promotions, positioned the appellant lower than expected—Following a representation to the General Manager, which was rejected, the appellant filed Original Application No. 821 of 2007 with the CAT to contest the draft list—Concurrently, Mr. P. Kumaresan filed Original Application No. 831 of 2007 regarding his seniority placement—The CAT ruled in favor of both applicants, finding the draft seniority list incorrect—It highlighted that Mr—Kuma...

Appointment of Arbitration Tribunal. Arbitration and Conciliation Act, 1996, Section 11(6) read with 11(9)—present petition has been filed seeking appointment of a Sole Arbitrator to adjudicate the disputes between the Petitioners and the Respondents in terms of Clauses 7.2 and 7.3 respectively of the Family Arrangement Agreement dated 28.02.2020 (hereinafter, "the FAA") read with the Amendment Agreement dated 15.05.2020 (hereinafter, "Amendment to the FAA") entered into between the petitioner AMP Group and respondent JRS Group—A detailed examination of numerous disputed questions of fact are imperative in deciding whether the SRG Group participated in the negotiation and performance of the underlying contract and can be bound by the arbitration agreement—At the cost of repetition, should not condu...

University Grants Commission Act, 1956—Section 26—Lecturer’s appointment without requisite qualifications—The petitioner was appointed as a lecturer in Computer Science in 2003 on a non-grant basis but lacked the requisite qualifications as per the University Grants Commission (UGC) Regulations, which mandated an M.Phil. or Ph.D. degree—Although the petitioner later obtained an M.Phil. in 2009, the court held that it was irrelevant as the cut-off date for exemption from the National Eligibility Test (NET) had passed—The petitioner filed a writ seeking approval of his appointment and salary per a government resolution—The court dismissed the petition, ruling that the petitioner’s appointment was temporary and not in accordance with UGC Regulations, as he did not possess the required qualifica...

Employees appointed—The appellants-employer appealed against a judgment by the High Court of Judicature, which dismissed their writ petition and upheld a judgment by the Industrial Court—The case involved employees appointed to positions in the Public Works Department between 1982 and 1997—The respondent-employees were placed on the Converted Temporary Establishment in 2004 in accordance with the Kalelkar Award, which determined service conditions for workers in the Public Works Department. The Kalelkar award granted public holidays to Public Works Department workers, but in 1974, the Government of Maharashtra, Irrigation and Power Department issued a resolution withdrawing these benefits for field staff—The resolution clarified that field staff were not entitled to public holidays and 2nd and 4th Saturdays of e...

Appointment of teachers. Right of Children to Free and Compulsory Education Act 2009, Section 23—Constitution of India, Article 16—Appointment to the post of Assistant Teacher in Primary School—Process started on 2006—Effect of law changed on 2009—writ petition was filed by the petitioners /respondents, herein, who were having B. Ed. Degree from correspondence mode and the writ petition was allowed by the learned Single Judge and the respondents State/ appellants, herein, were directed to offer appointment to the petitioners on the post of Assistant Teacher in Primary School in District Haridwar within a period of three months—Being aggrieved with the judgment passed by the learned Single Judge present Special Appeal has been preferred by the State—B.Ed. alone is not sufficient for appointment ...

Appointment—The Supreme Court considered the challenge to an order of non-renewal of a contractual appointment—The appellant, an Assistant Project Coordinator (APC) under the Sarv Shiksha Abhiyan, was terminated for alleged inefficiency and misconduct—The appellant argued that the termination was stigmatic and violated principles of natural justice, requiring a formal enquiry—The High Court's Division Bench overturned the Single Judge's ruling, which had quashed the termination order—The Supreme Court held that the termination order, while purportedly non-stigmatic, did have penal consequences and thus required adherence to the procedural safeguards—Consequently, the Court restored the Single Judge's decision, entitling the appellant to consequential benefits and notional continuation in ser...

Appointed—Government employees—The issue of whether appellants, classified as temporary employees under the SSD Fund scheme, are entitled to pensionary benefits under the 6th Central Pay Commission (CPC) and Revised Pay Scale Rules (RP Rules)—The Court examined relevant legal principles and past judgments, particularly focusing on whether the appellants, despite their temporary status, exhibited characteristics akin to regular government employees—The Court noted that the appellants' long service, formal employment conditions, and administrative recognition aligned them closely with regular government employees—The denial of pensionary benefits was deemed arbitrary and in violation of constitutional rights under Articles 14 and 16—Consequently, the Court directed that the appellants be granted the b...

The appointment of a Local Commissioner under Order 26 Rule 9 read with Section 151 CPC by invoking Article 227 of the Constitution—The Civil Suit sought a declaration of ownership over 2/3rd of the suit land by adverse possession and 1/3rd by purchase, with no allegation of encroachment by the defendants—The application was rejected as a fishing inquiry, aimed at gathering evidence rather than addressing boundary disputes—The court held that the petitioner, aware of his own pleaded case and without claims of encroachment, could not use the application to generate evidence at the argument stage—The decision cited, Kangru Ram vs. Sriram, was deemed inapplicable due to differing facts—Consequently, the petition was dismissed, affirming the Trial Court's refusal to appoint a Local Commissioner. ...

Tamil Nadu Private Schools (Regulation) Act, 2018—Appointment of Headmaster—Qualification Requirement—Minority Educational Institution Bound by State Regulations: The appellant, a teacher at a minority institution, challenged the denial of approval for his appointment as Headmaster—The 4th respondent refused approval, citing the appellant's lack of requisite qualifications under the Tamil Nadu Private Schools (Regulation) Act, 2018, including a Post-Graduate degree and specific teaching experience—The Writ Court dismissed the petition, ruling that minority institutions receiving government aid must comply with state regulations, including qualifications for the Headmaster position—The court found no infirmity in the refusal of approval, as the appellant did not meet the prescribed qualifications, in...

Gujarat Civil Services (Pay) Rules, 2002, Rule 21—Assistant Professors who were appointed—Principle of stepping—The Supreme Court addressed whether Rule 21 of the Gujarat Civil Services (Pay) Rules, 2002 applies to the issue of pay disparity between senior and junior Assistant Professors—The appellants, senior direct appointees, sought to step up their pay to match that of juniors who were appointed as regulars after serving ad hoc and receiving higher pay due to Career Advancement Scheme benefits—The Single Judge of the High Court had ruled in favor of the appellants, but the Division Bench overturned this decision, finding that Rule 21 was not applicable—The Supreme Court upheld the Division Bench's decision, concluding that the anomaly in pay resulted not from Rule 21's application but from e...

Service Law—This writ petition, the petitioner challenges the judgment dated 16/09/2021 by the State Appellate Authority, Patna, upholding the order dated 16/12/2020 by the District Appellate Authority, Begusarai—The petitioner seeks quashing of these orders, reinstatement to the post of Urdu Teacher at Urdu Middle School, and payment of dues—The dispute arises from the selection process for Urdu Teachers conducted in 2006, where the petitioner’s appointment was contested by respondent no. 13—The petitioner argues that the decision to cancel her appointment was flawed due to issues of jurisdiction, limitation, and res judicata, and asserts that respondent no. 13’s claim is barred by previous decisions—The court found the District Appellate Authority and State Appellate Authority's decisions ju...

Service Law—Recruitment process for the Director of EMMRC, citing the petitioner’s ineligibility due to incomplete ten years of regular service—The petitioner, having served as an Upper Division Assistant at Gauhati High Court and later as Production Assistant and Producer at Manipur University, argued that his total regular service exceeded ten years—The court found that the petitioner’s service as Production Assistant, though not initially considered, should count towards the required ten years—The court ruled that the university's dismissal of the petitioner’s eligibility was arbitrary and disregarded the total length of his regular service—It directed the university to reconsider the petitioner’s application for the Director position within three months, alongside other eligibl...

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014—Rules 5 and 11—Issue involves selection and appointment to the post of City Manager under the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014. Rule 5 stipulates a recruitment process based on written examination and experience—The advertisement specified minimum qualifying marks of 32% for women in the written test—Respondent No. 1 secured 22.5 marks out of 70 (32.14%), thus qualifying for consideration—The appellants excluded her from the merit list, interpreting the minimum qualifying marks as 32% out of 100—The Single Judge and Division Bench ruled in favor of Respondent No. 1, emphasizing that the qualifying marks pertain only to the written test—The Supreme Court upheld these decisions, stating...

Judicial Appointment—Supreme Court upholds the validity of judicial appointment selection processes in Bihar and Gujarat, despite challenges to rules requiring minimum qualifying marks in viva voce tests—The petitioners allege a violation of fundamental rights under Articles 14 and 16 of the Constitution—The Court finds that prescribing minimum qualifying marks for interviews is permissible and does not contravene established legal principles—It emphasizes the importance of interviews in assessing candidates' overall qualities—The selection process is deemed legally valid and upheld, with the court dismissing the writ petitions—The challenge to the prescription of minimum marks for viva voce is repelled, and the selection process is found to be in accordance with relevant rules and regulations. ...

Appointment, senior advocates Mr. Shailesh Madiyal, Mr. Anand Sanjay M. Nuli, and Mr. Gagan Gupta facilitated a constructive dialogue—The case involved an advertisement by Bangalore University for filling SC/ST backlog vacancies using the Karnataka State Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SCs and STs) (Special Recruitment) Rules, 2001—Despite the university's reliance on its autonomy under the Universities Act, 2000, the High Court deemed adherence to the 2001 Rules mandatory—The court upheld this decision, stressing the government's directive to universities to comply with the 2001 Rules—The judgment affirmed respondent no. 7's entitlement to the appointment—However, acknowledging the appellant's prolonged tenure due to legal proceedings, the court urged ...

Appointment—The Directorate of Craftsmen Training, Manipur, the petitioner, a senior Principal, ITI, contests the appointment, claiming it was made to circumvent an interim order and that he is eligible for the post by promotion—The key issue is the maintainability of the writ petition and the petitioner’s locus—The court, addressing the maintainability challenge, concludes that the impugned appointment, although termed as deputation, is effectively an in-charge appointment—The court finds that the petitioner has the right to challenge it based on his seniority and eligibility, referencing the Office Memorandum dated 03.10.2020 governing in-charge appointments—Consequently, the court rejects the contention of the respondents regarding the petitioner’s locus and lists the case for further proceedin...

Appointment—As Police Constables in Assam Police under Article 226, citing selection in 2000 recruitment—Court examines prior litigations where selection was upheld but not reported for duty—Rejects claim due to age, lack of vacancies, and rule adherence—Advocates argue for consideration in Unarmed Branch, but age and vacancy constraints prevail—Court deems Speaking Order rational, considering fitness requirements and vacancy status—Despite previous litigation, Court finds no grounds for relief after 24 years—Petition dismissed under Article 226. ...

Writ of Mandamus—Uttarakhand State Education (Teaching Cadre) Gazetted Service Rules, 2022—Rule 8 and Proviso to Rule 5(3)(b)—Writ of mandamus—Filed by petitioner—Sought Rule 8 and Proviso of Rule 5(3)(b) be declared as ultra vires  to Articles 14 and 16 of Constitution of  India being arbitrary, irrational, unreasonable and discriminatory in nature—Further sought quashing of clause 4 of advertisement—Legality of—As per constitutional schemes appointment to services and post in connection with affairs of Union or of a State has to be made strictly as per merit—Only exception to this Rule is appointment given to weaker Sections of society by way of affirmative action— Contention of petitioners that classification based on marks scored post Graduate examination is not per...

Service Law—Appointment—Post of Block Teachers—Challenges an order allowing an appeal by respondent no.7 for further appointment counseling—The dispute arose from the appointment of petitioners as Block Teachers (Physical Education) in Madhubani district—The District Teachers Appellate Authority dismissed respondent no.7's claim, citing procedural irregularities—However, the State Appellate Authority overturned this decision, directing fresh counseling—The petitioners argue that respondent no.7's absence on the counseling date was not verified, and his complaint formed the basis of the appellate order—Respondent no.7 contends that he was unfairly excluded from counseling despite higher marks—The court notes the absence of counseling cancellation and upholds the State Appellate ...

Service Law—Appointment—Additional Collector of Sidhi, Madhya Pradesh, dismissing his appeal concerning the appointment of a Gram Rojgar Sahayak—The petitioner argued he was wrongly denied the position due to obtaining a diploma in computer application and a B.Com degree in the same year (2001)—The Additional Collector ruled he couldn't hold two degrees simultaneously—The High Court found the Additional Collector mistaken about the nature of the diploma, clarifying it's not a degree, and no rule prohibits obtaining both a diploma and a degree—The court ruled the petitioner was discriminated against, and the Additional Collector's order was based on a misunderstanding—Therefore, the High Court allowed the petition and directed the appropriate authority to issue him an appointment order ...

Service Law—Appointment Challenge—Appellant Contests Assistant Professor Appointment of Respondent No.4 in Punjab University—Alleges Ineligibility for 02 Teaching Experience Marks Due to Non-Teaching Map Curator Post—Court Dismisses Appeal, Upholds Single Bench Order—No Irregularity Found in Selection Process—02 Marks for Teaching Experience Deemed Appropriate for Respondent No.4—Evidence Highlights Teaching Contributions in Geography, Remote Sensing, and GIS—Post Redesignation to Lecturer Acknowledged by University—Distinguishes from Dinesh Bagga Case—Respondent No.4's Qualifications and Experience Recognized, Validating Appointment. ...

Service Law—Appointment—Cancellation of—A minority institution challenged the cancellation of two Junior Clerks' appointments by State authorities—The court clarified that State authorities have limited power to examine qualifications, not the method of appointment—It ruled the cancellation unjust, citing lack of application of mind, absence of a hearing, and erroneous grounds—The court quashed the orders, directing the District Inspector of Schools to issue a fresh order following the law—This decision emphasizes protecting minority institutions' autonomy in staff appointments and underscores the necessity for fair and reasoned decisions by State authorities—The writ petition was allowed, restoring the petitioners' appointments. ...

Appointed on permanent—Disproportionate punishment—Special leave appeal, overturned the High Court's judgment dismissing a writ petition challenging the dismissal of the appellant, a Class-IV employee, for alleged misconduct and insubordination—The appellant, transferred to a new position, faced issues with salary discrepancies and harassment—Despite findings of guilt by the Inquiry Officer, the Supreme Court deemed them as perverse and lacking concrete evidence—The Court highlighted procedural irregularities and disproportionate punishment—Relying on established legal principles, the Court reinstated the appellant, setting aside the termination order—The appeal was allowed, granting the appellant full reinstatement with consequential benefits. ...

(A) Forest (Conservation) Act, 1980, Section 2—Environment (Protection) Act, 1986, Section 3(3)—Environmental Rule of Law—Appointment and removal—The judgment pertains to the institutionalization and reconstitution of the Central Empowered Committee (CEC) for environmental governance—The CEC, functioning as an ad hoc body for two decades, faced concerns over composition and age—The court directed a permanent constitution and replacement of older members with energetic experts—The Ministry of Environment issued a notification for a permanent CEC, addressing concerns raised by the court—The reconstituted CEC, comprising a Chairman, Member Secretary, and three expert members, was appointed by the Central Government—The court stressed the significance of environmental rule of law, emphasiz...

Appointment as Assistant Teacher—The Special Appeal challenges the dismissal of Writ Petition No—1301 (SS) of 2017, where the appellant sought relief against an order rejecting his representation for termination as Assistant Teacher in Swami Vivekanand Inter College, Gonda—The dispute arose over the appellant's qualification, as he holds a B.P.Ed—degree, which the District Inspector of Schools deemed unrecognized for Primary School appointments—The appellant argued B.P.Ed—equivalence to B.Ed., citing a Full Bench judgment—However, the Special Appeal upheld the order, emphasizing the Full Bench decision only allows B.P.Ed—for High School Headmaster roles, not Primary School appointments—The appellant's claim lacked merit, leading to the dismissal of the appeal without costs. ...

  Appointment—Post of Constable—Supreme Court Upholds Constable's Candidature—The Supreme Court allows an appeal where a candidate's application for the post of Constable was cancelled due to a trivial error in the date of birth—The Court emphasizes the principle "De minimis non curat lex" —The law does not concern itself with trifles—It holds that cancellation for such minor errors is unjustified, especially when the candidate successfully cleared all selection stages, and the error didn't impact eligibility—Notably, the State took no adverse action, indicating the non-serious nature of the mistake—The decision underscores the importance of proportionality in such cases, considering the absence of prejudice to the state. ...

Civil Procedure Code, 1908 (CPC)—Section 151—Appointment of an Advocate Commissioner in a dispute over the existence of a way through lands owned by respondents—The petitioners seek localization of the suit schedule property—The trial court dismissed the application, deeming it hypothetical—The petitioners argue that the dispute concerns the right of way and usage of the property, not ownership—They rely on judgments allowing Advocate Commissioner appointments in similar cases—The court notes that the claim is about a singular way to reach lands, and appointing an Advocate Commissioner would elucidate this matter in dispute—It doesn't amount to evidence collection but aids in ascertaining facts—Thus, the revision petition is allowed, directing the trial court to appoint an Advocate...

Appointment—Contemplation of inquiry," stating it involves complaints, a preliminary inquiry, and government satisfaction of a prima facie case—Suspension is permissible only after a decision to initiate a formal inquiry based on adequate material, preceding charge framing and communication—The court emphasizes that suspension hinges on the authority's satisfaction regarding the allegations' substance and potential for major penalties. "Contemplation" signifies an objective consideration, ruling out suspension preceding a final decision—The court stresses the importance of the authority's satisfaction before contemplating an inquiry—Appeal is allowed. ...

(A) Kannur University Act, 1996 - Section 10, 10(9) and Section 10(10)—Appoint or re appoint—Chancellor, not the Pro-Chancellor or any other authority, has the sole authority to appoint or reappoint a Vice-Chancellor under the Act 1996—The Chancellor's decision must be guided by the university's best interests and should not be influenced by any outside parties—Any interference in the Chancellor's statutory discretion is illegal and has been condemned by courts. (B) The document outlines key submissions from various parties in a legal case regarding the appointment and reappointment of the Vice-Chancellor at Kannur University: Appellant(s) (Mr. Dama Seshadri Naidu and Mr. George Poonthottam): Critique of the judgment's distinction between initial appointment and reappointment procedures, expre...

(A) Right of Children to Free and Compulsory Education Act, 2009—Section 23(1)—Appointment—The passage discusses the appointment of teachers for Class I to VIII and the role of government regulations in this process—It emphasizes that the government cannot alter or override statutory rules through administrative instructions—However, if the rules are silent on a specific matter, the government has the authority to supplement and fill gaps with instructions that do not conflict with existing rules—The text underscores that an authority cannot issue directives contrary to statutory rules but can only issue instructions to complement them. (Para 33, 34, & 41) (B) Right of Children to Free and Compulsory Education Act, 2009—Section 23(1)—Appointment—The High Court's error is hig...

Service Law—Appointment—"anticipated vacancies"—The appellants were appointed to vacancies that were not advertised at the time of the initial advertisement but were created after the selection process began. The court notes a violation of the appointment process, emphasizing that clear and anticipated vacancies must be advertised, and appointments can only be made based on these vacancies. However, the appellants, currently serving as Civil Judges (Senior Division) with nearly 10 years of judicial experience, argue for the unique equity in their favor. Despite flaws in their initial appointments, their extensive service, lack of favoritism, and inclusion in the merit list are highlighted. The court considers the significant tenure of the appellants as a crucial factor, suggesting that removing them may not be ...

Companies Act, 1956 - Section 388 (B) — Penal Code, 1860 (IPC) - Section 120-B —Contract Act, 1872 - Section 23 —  Prevention of Corruption Act, 1988 - Sections 7 and 12 — Payment of Gratuity Act, 1972 - Section 4 ...

Appointed as Assistant and posted in the legal section at Regional Office—Promoted as Office Superintendent and posted as Office Superintendent—Writ petition seeking direction to the respondents to notify the acceptance of the joining report dated 20.11.2014 and grant consequential benefits—The respondents argued that all benefits were already granted, and the delay was due to necessary verifications—The court found no deliberate delay and observed that the petitioner unconditionally accepted the offer of appointment on 19.11.2014—The court dismissed the petition, stating that the remaining grievance about considering the appointment from 25.04.2012 could not be redressed—Another connected petition was dismissed based on the outcome of this case—The court returned the record of the respondent-Univ...

(A) Service Law—Appointment—Candidates must meet eligibility criteria by the specified application deadline unless rules or advertisements state otherwise. If rules allow relaxing criteria, it must be explicitly reserved in the advertisement. Any such relaxation should be widely publicized, giving all eligible candidates an equal opportunity to apply. In this case, there is no evidence that the advertisement reserved the power to relax essential eligibility qualifications later. Failing to do so violates constitutional principles outlined in Articles 14 and 16. (Paras 24, 26 and 27) (B) Service Law—Appointment—Eligibility criteria—If a statutory procedure exists for granting recognition to an institution, it cannot be considered recognized outside of that procedure. The issue of equivalence is technic...

 Appointed on the post of Assistant—The Supreme Court dismisses the appeal by the State of Uttar Pradesh, highlighting the state's failure to comply with the court's orders—The court notes the state's attempt to circumvent a directive and emphasizes the state's default—The order directs the state to pay arrears of salary and benefits to the aggrieved party, Baleshwar Singh, within three months with interest—The court criticizes the state for not releasing pensionary benefits promptly, particularly after the aggrieved party underwent a liver transplant—Costs are imposed on the state, and the court clarifies that observations in the judgment are not reflections on the advocate-on-record's professional ability. ...

Appointment—Service Law—Post of Village Development Officers—Concerns an appeal arising from a judgment by the High Court of Judicature at Allahabad, where the appellants' claims for recruitment as Village Development Officers were rejected. The appellants were serving in the Armed Forces when an advertisement for recruitment was issued by the Uttar Pradesh Subordinate Service Selection Commission. They applied as Ex-Servicemen, obtaining No-Objection Certificates from their employers. After receiving appointment letters, a show-cause notice was issued questioning their eligibility and the lack of a Course on Computer Concept (C.C.C.) Certificate. The High Court ruled that they were not Ex-Servicemen at the time of application and lacked the required C.C.C. Certificate. The Supreme Court upheld this decision, emphasi...

Code Of Criminal Procedure, 1973—Section 313, 238—Indian Evidence Act, 1872—Section 106—Differentiating Between Married And Unmarried Daughter In Compassionate Employment "Sexist"—Writ petition involves a case seeking compassionate appointment for the petitioners after their father's death, challenging the requirement of "unmarried daughter" in the National Coal Wages Agreement-VI (NCWA-VI)—The court rejects the notion that compassionate appointment is a vested right, emphasizing its exceptional nature as an alleviation measure for family hardship—The central issue is the validity of the "unmarried daughter" clause in NCWA-VI—The court finds this distinction arbitrary and discriminatory, affirming that all direct dependents, including married daughters, must...

(A) Constitution of India, 1950—Article 16—Service Law —Appointment—Selection process—Public employment grants the employer the authority to determine a candidate's eligibility and whether they can participate in the process—Article 16 of the Indian Constitution grants candidates the right to be considered for public employment, but this doesn't guarantee appointment—If a candidate's eligibility is disputed, they must seek legal recourse—However, if a candidate is allowed to participate and makes it to the merit list, they have a limited right to fair and non-discriminatory treatment, though appointment is not guaranteed—The court may decide based on compelling evidence that significantly favors one party. (B) Constitution of India, 1950—Article 16—Emplo...

Absorption as an Assistant Teacher but was initially appointed as a Substitute Teacher—Legal proceedings ensued—The court ruled that he should be absorbed as a Primary Teacher, not an Assistant Teacher, due to his initial appointment. However, he was entitled to continuity of service from his temporary status, granted after three months of service—The court directed that he be given benefits under the Master Circular, including re-fixing his pay, increments, and allowances, with arrears and interest. The High Court's decision denying absorption as an Assistant Teacher was upheld. ...

Appointment—lecturer, was appointed against an open category post in 1993—Subsequently, various issues arose regarding her appointment and the appointment of another candidate for a Scheduled Caste post—After a series of legal proceedings, the court ordered the appellant's reinstatement to her post with certain conditions and directed the State Government to provide funding for her salary—The decision was made under Article 142 of the Indian Constitution and does not set a precedent. ...

Notification—Right to Education Act, 2009—Section 23 (1) and 29—Appointment—To post of primary school teacher—Advertisement—Issued by RTET—It excluded B.Ed. degree holders from list of eligible candidates—This action of Rajasthan Government challenged before High Court—Three writ petitions—High Court quashed the Notification—Holding B.Ed. candidates to be unqualified for post of primary school teacher (Level-1) —Question for consideration—Whether NCTE was right in including B.Ed. qualification to post of primary school teacher (Level-1) —Determination of—Judicial review becomes necessary where there is an illegality, irrationality or procedural impropriety—In Supreme Court considered opinion, direction of Central Government culminating in notif...

Constitution of India, 1950—Articles 233 and 309—Dr. Dhananjaya Y. Chandrachud, the Chief Justice of India, presided over a case involving the selection of District Judges in the Higher Judicial Service of the State of Kerala—The case centered on the application of the doctrine of legitimate expectation and the High Court's decision to impose a cut-off mark for the viva-voce examination—The Court found that the High Court's decision was contrary to the 1961 Rules and, in some aspects, arbitrary—It also discussed the evolution of the doctrine of legitimate expectation in Indian and common law and emphasized the importance of balancing legitimate expectations with public interest. ...

Appointment—Constitution of India, 1950—Article 32—Central Vigilance Commission Act, 2003—Sections 25 and 25 (d)—Delhi Special Police Establishment Act, 1946—Section 4-B (1)—Appointment of respondent No. 2 as Director of Enforcement—For a period of two years—President of India approved modification of order—By amending period of appointment from two years to three years—Petitioner seeking quashing of order—Determination of—Supreme Court find that order to ensure transition to be smooth in large public interest—It will be appropriate to permit respondent No. 2 to continue to be in office till 31st of July, 2023—Impugned orders granting extensions to tenure of respondent No. 2 for a period of one year each are held to be illegal—Petition partly a...

Service Law—Appointment—Case involves a long-pending recruitment process for Art & Craft Teachers in Haryana initiated in 2006—The eligibility criteria for this role became contentious due to conflicting communications from authorities regarding the equivalence of qualifications from Kurukshetra University and Haryana Industrial Training Department—After a series of legal actions, the government has decided to recognize both qualifications as equivalent, and candidates from Kurukshetra University will be accommodated in the vacant positions—The court has ordered the appointments to be made promptly, limited to the advertised vacancies, and without affecting previously appointed candidates' seniority. ...

appointments—Appellants challenged a High Court decision upholding government orders providing 100% reservation for local tribal candidates in teacher positions, with retrospective effect—A Constitution Bench later quashed the primary government order but saved existing conditionally—Subsequent memos were rendered invalid, making the appeal irrelevant—The appeal was disposed of in line with the Constitution Bench's ruling. ...

Companies Act, 2013—Section 164(2)(b)—Insolvency Resolution Process—Case involves a complex set of legal proceedings under the Insolvency and Bankruptcy Code, 2016, concerning the corporate debtor, Appu Hotels Limited—The Corporate Insolvency Resolution Process (CIRP) began in 2020, initiated by a financial creditor—After various CoC meetings and resolution plan approval, the National Company Law Tribunal (NCLT) approved the plan, but it was challenged at the National Company Law Appellate Tribunal (NCLAT)—The NCLAT reversed the NCLT's decision, remanding the matter to CoC and rejecting the resolution plan. Multiple appeals have been filed in the Supreme Court by the resolution applicant and the resolution professional, as well as the promoter and related parties—The appeals address vario...

Appointment—Maharashtra Forest Service, Group A (Junior Scale) (recruitment) Rules, 1998—Rule 5—Advertisement—Issued by respondent No. 3—33 post of ACF—Through examination—Appellants applied for post—Selection list published—Instead of issuing appointment order—Appointing appellants on probation—Appellant filed application before Tribunal—Declared that appellants will be entitled for appointment as ACF from commencement of their training—Review application filed by respondent No. 1—Dismissed by Tribunal—Respondent Nos. 4 to 9 filed petition before High Court—Their grievance was that though they were promoted as ACF —Shown junior to appellant in seniority list of ACF—High Court restraining respondent authorities from issuing any prom...

Constitution of India, 1950—Articles 324 and 324(2)—Appointment of Chief Election Commissioner—Several writ petitions have been filed challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in India, specifically focusing on Article 324 of the Constitution—The petitioners argue that the current appointment process lacks transparency and independence, leading to potential biases in the Election Commission—They propose a committee-based selection process with specific qualifications for candidates—The Attorney General and Solicitor General argue that there is no legislative vacuum, as the President's appointment power under Article 324(2) is well-established and aligned with the constitutional framework—They emphasize the separation of powers...

National Institute of Rural Development (Service) Bye-laws—Bye-laws 48, 49 and 50—Pension—Involves the entitlement of pensionary benefits for respondent no.1, an employee of an autonomous organization under the Ministry of Rural Development, India—He was initially appointed on a contract basis, and after regularization, there was a dispute over whether he could choose the old pension scheme—The court held that he couldn't change his pension scheme option, and the appeal was allowed, directing the appellant to pay the benefits under the Contributory Provident Fund Scheme. ...

 Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001—Constitution of India, 1950—Article 217(2)(a) Petitioners, members of the Andhra Pradesh State Judicial Service, sought elevation to the High Court as judicial officers—Their plea was based on considering their service as District & Sessions Judge Fast Track as judicial service for Article 217(2)(a) of the Constitution—However, the court, referring to a previous judgment, ruled that their service as Fast Track Judges only counted for pensionary and retiral benefits, not seniority—Therefore, the petition was dismissed. ...

  Constitution of India, 1950—Article 217—The legal issue in the writ petitions pertains to the scope of judicial review in the appointment of judges to High Courts under Article 217 of the Indian Constitution—The court relied on previous judgments to establish that suitability for appointment is a matter of executive discretion and not subject to judicial review, whereas eligibility is—The court emphasized the importance of upholding constitutional values and stated that judges must work to promote harmony and dignity, regardless of religious, caste, or creed differences—The writ petitions were dismissed at the admission stage. ...

The Supreme Court of India, under Justice S—Ravindra Bhat, has granted permission to file contempt petitions related to a previous judgment regarding the West Bengal Madrasa Service Commission Act, 2008—The court held that further proceedings in the contempt cases should be halted, and a committee should be formed to verify claims of appointment of teachers in aided madrasas, ensuring compliance with relevant rules and regulations—The committee will be chaired by Justice Debi Prasad Dey and will investigate various factors related to the appointments—The State Government is directed to provide support and publicize the committee's work. ...

Companies Act, 2013—Sections 413 and 413(1)—Tenure of President, Chairperson, and other Members—The statutory framework of Section 413(1) of the Companies Act, 2013 does not envisage the appointment of individuals as members of the National Company Law Tribunal (NCLT) for a fixed term of three years—Any administrative notifications for appointments must align with the statutory provisions governing such appointments to the NCLT - In future appointments to the NCLT, the Union Government is obligated to adhere to the statutory provisions as laid down in Section 413 of the Companies Act 2013. ...

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A. Constitution of India, 1950—Article 14—Even if in some cases appointments had been made by mistake or wrongly, that did not confer any right of appointment to another person, as Article 14 of the Constitution does not envisage negative equality and if the State had committed a mistake, it cannot be forced to perpetuate the said mistake. (See : Arup Das and Others vs. State of Assam and Others, (2012) 5 SCC 559) B. Service Law—If an appointment is made illegally or irregularly, the same cannot be made the basis of further —and erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section. (See : Union of India and Another vs. Kartick Chandra Mondal and Others, (2010) 2 SCC 422) ...

The appointment to the position of Assistant Professor in the field of Education requires candidates to hold a postgraduate degree. The M.Ed. degree, without doubt, qualifies as a postgraduate degree. The NCTE has appropriately assessed the equivalence of M.Ed. and MA (Education) degrees, recognizing their distinct aspects while confirming eligibility for both in the role of Assistant Professors (Education). Therefore, the appeal is granted. ...

Constitution of India, 1950—Article 32 and 142—Post of Police Sub-Inspector—Appointment of Police Sub-Inspectors—Petitioners sought the same benefit of not undergoing a physical test as 133 candidates had received—Supreme Court refused the petitioners' claims, stating that the previous order exempting 133 candidates from the physical test should not be treated as a precedent—The court noted that directing the appointment of candidates who had not taken or failed the physical test would lead to an unending process. The appeal was dismissed. ...

A.Constitution of India, 1950 —Articles 233, 234 and 309—Appointment of District judges—In the context of appointing District Judges, it's important to note that a judicial officer, irrespective of their prior experience as an Advocate with a seven-year practice, is not eligible to apply for and compete for vacancies in the District Judge position. Instead, their opportunity to hold such a post arises through promotion, as per the regulations established under Article 234 and the proviso to Article 309 of the Constitution of India (as explained in Paragraph 38). B. Constitution of India, 1950 — Articles 233, 234 and 309—Appointment of District judges—When it comes to the appointment of District Judges, members of a State's judicial service cannot assert a right to be appointed for vacancies i...

Supreme Court of India considered an appeal arising from a circular issued by the Railway Board regarding compassionate appointments—The circular stated that compassionate appointments would not be granted to children born from a second marriage unless the administration permitted the second marriage in special circumstances—The Court held that this condition was arbitrary and violated Article 14 of the Constitution, as children born from a second marriage were considered legitimate under the Hindu Marriage Act—The Court also criticized the Railway Board for reissuing the circular after it had been struck down by a court decision. ...

Constitution of India, 1950—Article 14, Article 16—Charges of misconduct—Termination Order—Continuity of service can only be granted if the termination order is set aside to ensure there is no break in the employee's service. Since the respondent had been given a fresh appointment after the termination, and neither the termination nor the new appointment had been challenged, granting continuity of service was considered inappropriate—Granting continuity of service to an employee found guilty of misconduct would place them on the same footing as other contractual employees with a clean record. Therefore, the High Court's decision to grant continuity of service to the respondent was deemed to be manifestly misconceived—As a result, the Supreme Court set aside the impugned judgment and order, allow...

Constitution of India, 1950—Article 14, Article 16, Article 226—Misconduct—Employee, the Supreme Court of India emphasized that the appellant had recruited personnel, including the respondent, on a contract basis after a proper selection process with the eventual goal of regularizing these contract employees—Granting continuity of service to an employee like the respondent, who had been found guilty of misconduct, would place him on equal footing with other contractual employees who had unblemished records—Therefore, the High Court's decision to grant continuity of service to the respondent was considered a misconceived approach—Additionally, the Court highlighted a clause in the operative order, which allowed the Corporation to conduct an inquiry into allegations of misconduct when no previous inqu...

Respondent as a contract driver, and his services were terminated following a disciplinary enquiry—Later, he was re-engaged on a contract—The High Court directed the corporation to grant continuity of service to the respondent from the date of termination until re-engagement for the purpose of regularization—The Supreme Court held that such continuity could not be granted without challenging the termination or fresh appointment, and the seniority should be counted from the date of his fresh appointment—The appeal was allowed accordingly.     ...

Respondent as a contract driver—Following a departmental enquiry, the respondent's services were terminated, and later, he was re-engaged on a contract—The High Court directed the appellant to grant continuity of service to the respondent from the date of termination to the date of re-engagement for the purpose of regularization, without any monetary benefit—The Supreme Court held that such continuity could not be granted without challenging the termination or fresh appointment, and the seniority should be counted from the date of fresh appointment—The appeal was allowed accordingly. ...

Challenged the termination of his position as Director of the College Development Council (CDC) at Hemwati Nandan Bahuguna Garhwal University—The University had imposed a tenure limitation of two terms of three years each for the Director position—The appellant argued that this limitation applied only to deputationists, not to him as a permanent appointee—However, the court ruled that the tenure limitation applied to all directors, including the appellant, and upheld the termination—Consequently, the appellant's appeal was dismissed. ...

High Court of Bombay appointed Justice V.M. Kanade (retired) as a sole arbitrator in response to a Section 9 petition filed under the Arbitration and Conciliation Act, 1996—However, the appointment was challenged, and the High Court recalled the order based on the argument that the contract did not contain an arbitration clause—The matter was appealed, and the Division Bench held that since the Arbitration Act is a self-contained code, there was no provision for a court to review its own order—The Supreme Court, however, disagreed and asserted the High Court's inherent power to recall its orders—It also clarified that the Arbitration Act wouldn't apply when there was no valid arbitration agreement—The Court set aside the Division Bench's judgment, continued the original order for four weeks, and d...

Kerala State and Subordinate Services Rules, 1958—Rules 2, 5(3) and 5—Kerala Education Rules, 1959—Rules 3, 4, 4(3) and R 4(2)(ii)—Higher Secondary School Teacher (Economics) in a Kerala school—The case revolves around whether the appointment should be made by transfer or direct recruitment, and which rules, either Kerala State and Subordinate Services Rules or Kerala Education Rules, apply to the appointment—The court ultimately finds that the appointment should be made in accordance with Kerala Education Rules and orders the respondent's appointment while allowing the appellant to be adjusted to another post if willing. ...

Supreme Court of India considered appeals against a Rajasthan High Court judgment related to the regularization of teachers' services—The teachers had been absorbed into the university but were denied certain financial benefits prior to a specific date—The Supreme Court affirmed the High Court's decision, ruling that the teachers should be considered for pay scale and pension benefits based on their length of service—The appeals were dismissed, and no costs were awarded. ...

Appointment as Grade D employees in Railways based on a previous Supreme Court decision—Although they did not meet the required educational qualifications, considering their long service and the existence of a relaxation provision, the Court invoked Article 142 of the Constitution to settle the matter—The Railways were directed to consider the petitioners for appointment if eligible, disregarding the qualification objection, and to pass the necessary orders within a month—The judgment referred to a previous decision and ordered the Railways to follow the procedure outlined. ...

Uttar Pradesh Higher Education Services Commission Act, 1980—Section 12(3)—Appointment—Special leave petitions in a case challenging an order by the High Court of Allahabad—The High Court had turned down a reference made to a larger bench and directed that the matters be placed before an appropriate court for disposal—The reference arose from questions related to the application of rules of reservation for lecturers' appointments in colleges—The Supreme Court affirmed the High Court's decision, stating that the questions raised had already been considered and approved in a previous case, making it unnecessary to revisit the issue. ...

Administrative Tribunals Act, 1985—Section 19—Constitution of India, 1950—Article 14—Appointment of candidates to Group-D posts in the South East Central Railway—The candidates who fell into the 20% extra list (beyond the advertised vacancies) sought appointment, but the railway argued that this list was for contingencies—The court ruled that candidates don't have a right to appointment solely based on being in the 20% extra list, but the railway should provide reasonable justification for not appointing them—The court also considered the existence of concurrent selection processes. ...

Appointment—Belongs to the reserved category of Balmiki/Majbhi Sikh, was third on the select list for the position of District Programme Officer—A vacancy arose when the second candidate resigned—The appellant argued that the vacancy should be filled from the same community as per guidelines, but the Department rejected the claim—The court ruled that the vacancy should be filled from the merit list, and if the second candidate is not interested, the appellant should be considered—The court directed the appointment within two months, with seniority starting from the date of appointment—No costs were awarded. ...

Administrative Tribunals Act, 1985—Section 19—Constitution of India, 1950—Article 14, 16 and 226—Service Law—Appointment—South East Central Railway (SECR) issued an advertisement for filling 5798 posts—The selection process resulted in a list of 6995 successful candidates, including an additional 20% beyond the required number—However, the SECR did not appoint candidates from this additional 20%, despite 624 vacant posts in the general category—The court held that mere selection does not grant a vested right to appointment, but when a significant number of posts remain unfilled, the employer must provide reasons for not appointing selected candidates—Arbitrary decisions without justification violate Article 14 of the Constitution—The appellant was entitled to the benefits o...

Criminal Procedure Code, 1973 (CrPC)—Section 320, Section 320(2)—Penal Code, 1860 (IPC)—Section 294, Section 323, Section 325, Section 34, Section 506—Appointment—Compromise was reached after the respondent disclosed the pending charges against them by filing an affidavit—The issue revolved around the compounding of offenses and the impact of acquittal under Section 320(8) of the Cr.P.C—The court ruled that even if a candidate discloses their criminal case, the employer has the right to assess their suitability based on various factors, including the nature of the charges and the circumstances of the acquittal—In this case, the decision to reject the respondent's candidacy was found to be correct and not influenced by malice—The appeal was allowed. ...

Uttar Pradesh Public Service Commission appeals a High Court judgment in a case involving the operation of a wait-list for Sub Deputy Inspector of Schools. The Commission argued that the wait-list's validity is one year from the initial recommendation in 2010, while the High Court considered it from the last recommendation in 2012. The Supreme Court agreed with the Commission's interpretation and allowed the appeal, setting aside the High Court's judgment. No costs were awarded. ...

Constitution of India, 1950—Article 136—High Court of Punjab and Haryana's order dated 29.08.2016 regarding the appointment of Clerks in various departments under the first respondent—The State initially claimed there were no vacancies, but RTI responses indicated otherwise—The Supreme Court set aside the High Court's order and sent the cases back for reconsideration based on the RTI responses—Appellants are to submit additional documents, parties will appear before the High Court on 03.12.2018, and intervention/impleadment applications are permitted to be withdrawn—The appeals are disposed of. ...

Constitution of India, 1950—Article 12, Article 226, Article 227—Neyveli Lignite Corporation, faced charges related to his caste certificate—Despite prior correspondence and promotions, the Corporation initiated disciplinary action—After multiple memos and an unsuccessful FIR, the Corporation declared the appellant's appointment void—The appellant filed a writ petition, which the Single Judge allowed—However, the Division Bench reversed this decision—The Supreme Court allowed the appeal, deeming the Corporation's actions arbitrary and unreasonable, quashing the appointment-nullifying order—The Single Judge's order was upheld. ...

Major General Manomoy Ganguly's repeated attempts to become the Director General Medical Services (Army) (DGMS Army). Despite previous legal battles, the petitioner was denied promotion to Lieutenant General but eventually received it in 2018. However, he was overlooked for the DGMS Army position, which led to further legal disputes. The main issue revolves around interpreting the criteria for DGMS Army appointment, emphasizing both seniority and suitability. The petitioner argues that he is more suitable for the role than Air Marshal Rajvir Singh, who was later appointed. The Attorney General argues that the appointment is based on suitability and the authority's judgment, not just seniority. ...

Appointments—Initially appointed as a Stipendiary Engineer and later as an adhoc Assistant Engineer—The respondent, Rabindra Kumar Mishra, challenged the seniority given to the appellant—The Orissa Service of Engineers (Validation of Appointment) Act, 2002, was applied to regularize Stipendiary Engineers' appointments—The appellant's seniority was set from the date of his appointment as an adhoc Assistant Engineer, while the respondent's notional promotion was from a later date—The court upheld the appellant's seniority, citing the Validation Act's precedence over the Orissa Service of Engineers' Rules, 1941.  ...

Penal Code, 1860 (IPC) - Section 294, Section 34, Section 376, Section 504—Successful candidate for judicial service, challenged the cancellation of his selection due to a character verification report and subsequent denial of appointment—The appellant had been acquitted of a kidnapping charge—The Supreme Court found that the denial of appointment based on moral turpitude was unjustified, considering his academic qualifications and clean record—The Court directed a fresh consideration of his candidature, emphasizing that a single misdemeanor should not be a basis for denial—The appeal was allowed. ...

Appointment—Chief General Manager, despite a legal issue regarding qualification relaxation, the court reinstated her with continuous service from her original appointment date, except for backwages—This decision applies solely to her. ...

Constitution of India, 1950 - Article 226—Appointment of a part-time female member to the Himachal Pradesh Consumer Disputes Redressal Commission—The selection committee recommended two candidates, with the appellant being chosen by the government based on her claimed public experience—The High Court quashed the appointment, finding it arbitrary and discriminatory—The Supreme Court upheld the High Court's decision, emphasizing that in the absence of rules or guidelines, appointments should be made based on merit and performance as determined by the selection committee. ...

Appointmen—Challenge a High Court judgment regarding the selection and appointment of Patwaris in 1992—The High Court's order set aside the initial selection but allowed parties to participate in a fresh selection with age relaxation—The appellants sought separate consideration, but the court dismissed the appeals, citing a pragmatic view taken by the High Court in 2009. ...

Appointment—Several directives regarding the sale of assets, supervision by a Debt Recovery Tribunal Officer, appointment of NBCC for project development, establishment of a court account, engagement of Forensic Auditors, and clarification on certain averments—The case is scheduled for the next hearing on September 26, 2018. ...

Recovery of Debts Due to Banks and Financial Institutions Act, 1993—Section 3, Section 6—Document or judgment discussing amendments made to Section 6 of the Recovery of Debts and Bankruptcy Act, 1993, and its implications for the appointment and term of Presiding Officers of Debt Recovery Tribunals—It also discusses the arguments put forth by petitioners and the government's stance on the application of the amended Section 6—In summary, the key points from the text are as follows—The petitioners in the case were appointed as Presiding Officers of Debt Recovery Tribunals under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (now known as the Recovery of Debts and Bankruptcy Act, 1993)—The relevant sections of the Act for their appointment and term were Sections 3 to 6—Se...

Bangalore Development Authority (BDA), delays and irregularities in a land acquisition process were addressed—The court upheld the BDA's land acquisition scheme, directed the government and authorities to promptly issue a final notification, appointed an inquiry officer to investigate wrongdoing, and ordered challenges to similar exclusion orders—The appeals were resolved without imposing costs on the parties involved, emphasizing the importance of planned development in Bangalore. ...

Constitution of India, 1950 - Article 32—Contempt of Courts Act, 1971 - Section 2(b)—Lokpal and Lokayuktas Act, 2013 - Section 4—Supreme Court of India has reviewed an affidavit filed by the Secretary of the Department of Personnel and Training regarding the appointment of the Lokpal—The affidavit states that a Selection Committee meeting will be held on July 19, 2018, to constitute the Search Committee, which will recommend a panel of names for the Lokpal's appointment—The Court expressed optimism that the Search Committee would be formed during the meeting and refrained from making further observations—A report on the meeting's outcome is to be filed with the Court by July 23, 2018. ...

Arbitration and Conciliation Act, 1996—Section 11—The case revolves around the validity of a "No Dues/No Claim Certificate" issued by a contractee company and its subsequent withdrawal, leading to a dispute.—The contractee claimed that the certificate was given under duress and coercion and sought compensation for losses incurred during contract execution.—However, the Supreme Court found that the contractee's plea lacked substantial details and particulars, rendering it a mere assertion.—The Court emphasized that a claim of duress and coercion must be supported by evidence.—As the certificate was voluntarily accepted, and a full and final settlement was reached, no arbitrable dispute existed.—Thus, the High Court's exercise of power under Section 11 of the Act was deemed unjusti...

Consumer Protection Act, 1986—Section 10(3), Section 16(2)—Supreme Court constituted a three-member committee in 2016 to address infrastructure deficiencies in consumer fora—The committee was tasked with assessing various aspects, including infrastructure requirements, vacancy positions, eligibility criteria for appointments, administrative powers, service conditions, staff requirements, and more—The Court directed the Union Government to frame model rules and norms for appointment and salary, urging state governments to adopt them—Additionally, regulations for administrative control were to be formulated—A comprehensive status report was ordered from the Union government—The committee's work concluded, and the case was adjourned for implementation considerations. ...

Constitution of India, 1950—Article 32—Central Bureau of Investigation (CBI)—Petitioner argues that the appointment was made illegally, arbitrarily, and in violation of principles of integrity—PIL references a selection committee's role in such appointments, emphasizing that the committee's recommendation should be based on consultation and discussion—Court ultimately finds that the appointment was made lawfully, dismissing the PIL. ...

Bihar Municipal Elementary Teachers (Employment and Service Conditions) Rules, 2006—Rule 10—Appellants, children of deceased government employees, sought compassionate appointments in Class III government posts—Some were appointed as Prakhand Teachers/Panchayat Shikshaks/Nagar Shikshaks on fixed pay—High Court initially allowed their writ petitions, but the government's appeals were later allowed—Appellants argued they were entitled to regular pay scales based on the Vishwanath Pandey case—Supreme Court held that compassionate appointments are not a source of recruitment, and the appellants are entitled to regular appointment or regular pay scales for Class III or IV posts if recommended before July 1, 2006; others can approach the state government for relief   ...

Appointment on contract basis—It is the case of the appellants that being an appointment on contract basis, re-employment can only be on contract basis and not on regular basis—The Court did not feel it appropriate to consider the merits of the matter, since the writ petition is pending before the High Court—Court requested the High Court to dispose of the writ petition expeditiously and preferably within three months ...

Appointment—Case, certain academic appointments at an institute were canceled by the Board of Management—The affected teachers challenged this in court, and the High Court found the cancellation process to be flawed—The Supreme Court directed the institute to provide affected teachers with a status report, a chance to make representations, and a hearing, and to take a fresh decision within two months—The decisions made in subsequent board meetings were set aside, and the related petitions were struck off—No costs were awarded. ...

Constitution of India, 1950—Article 32—Appointment—Petition challenges the appointment of the Chief Minister in Goa— The court orders a floor test to determine majority support. ...

Regularization—Civil appeal arises from a judgment by the High Court of Madras, where the court affirmed the regularization of a part-time employee's service from the date of completion of ten years of service with salary and benefits—The appellant argued that this regularization was not applicable to part-time employees and would have a significant financial impact—The Supreme Court examined relevant government orders and held that part-time employees were not entitled to such regularization, and the financial burden on the state would be substantial—Therefore, the appeal was allowed, and the regularization order was set aside—No costs were awarded. ...

Agreement of both parties' legal representatives, the court allows the Chief Secretary of the State of Madhya Pradesh to approach the Registrar General of the High Court of Madhya Pradesh to request a recommendation from the Chief Justice of the High Court for the appointment of two Judicial Members to the Additional Grievance Redressal Authorities—Court expects this recommendation to be made by March 8, 2017—State of Madhya Pradesh is then required to notify the two Additional Grievance Redressal Authorities through a formal notification by March 9, 2017—Case will be further considered on March 10, 2017 ...

Constitution of India, 1950—Article 133, Article 133—Training Officer in the U.P.Co—operative Spinning Mills Federation Limited— After a legal battle, the High Court reinstated him in service as his contractual appointment was deemed arbitrary—However, the Supreme Court set aside this decision, stating that his appointment was indeed contractual, and therefore, the reinstatement was not justified—Additionally, the court ruled against the claim of certain employees on deputation to be absorbed into state services, as their claim was based on invalid premises ...

Appointment—Appellants challenged a directive from the Andhra Pradesh Administrative Tribunal to consider the respondent for the position of Language Pandit (Telugu) Grade-II—The High Court upheld this decision, ruling that the respondent's qualification, a Bachelor's degree in Telugu literature as a single subject from Dr. B.R. Ambedkar Open University, was equivalent to a degree with Telugu as the main subject—The Supreme Court affirmed the High Court's decision, finding that the government had previously considered such degrees as equivalent in other selections. ...

Constitution of India, 1950—Article 16, Article 309—Supreme Court granted leave for an appeal arising from a 2014 High Court judgment—The case involved ten reserved vacancies for ST Woman candidates, with three for ST (Tribal Sub Plan). Seven ST candidates senior to the respondent were offered jobs, but three didn't join—The respondent claimed a vacancy due to non-joining, which the High Court upheld. However, the appellant argued Rule 20(2) treated such vacancies as fresh—The Court agreed, setting aside the High Court's order—No costs were awarded. ...

Appointment—petitioner, who lacked the required qualifications as per the Orissa Non-Gazetted Veterinary Technical Services (Recruitment & Conditions of Service) Rules, 1983, as amended in 1997, had argued that they met the qualifications mentioned in a 2004 advertisement—The court ruled that appointments must adhere to the rules and not advertisements, and since the petitioner did not possess the necessary qualifications per the rules, their appeal was dismissed. ...

Appointment—petitioner, an Austrian company with an Indian branch, is involved in steel production and supply—The case emphasizes the need for a broad panel of arbitrators to ensure impartiality and independence in government contracts, where a party is a government entity—This is crucial for fostering a positive arbitration environment in India. ...

Police Service (Appointment by Promotion) Regulations, 1955—Regulation 5—Selection process—Appeals, the question is whether an officer's Annual Confidential Report (ACR) is part of their service record and can be disregarded for promotion due to delay in writing it—The Court holds that the ACR is part of the service record, and an officer cannot be prejudiced by delays in writing it—The Madras High Court's contrary judgment is deemed incorrect—The appellant's promotion is justified based on the service record, and the appeals are allowed. ...

Constitution of India, 1950—Article 14, Article 16—Appointment —The High Court's decision to dismiss a writ appeal challenging a Single Judge's ruling was upheld—The appellant contended that candidates should be evaluated based on the rules in place at the time of consideration, rather than when vacancies arose—However, the court held that no statutory obligation required the State to prepare yearly panels or issue promotion orders—The selection process was halted due to litigation by the original writ petitioners. Thus, the appellants had not acquired the right to be considered for promotion. ...

Appointment—The appellant joined a government office as a direct recruit Lower Division Clerk, while respondent No.4 initially held an ad hoc position and was later regularized—The appellant, selected for promotion based on a conducted test and against a clear vacancy, argued that she should be regularized from 10.01.1997—However, respondent No.4's similar claim was denied by the tribunal and upheld by the High Court. The Court found the High Court's decision erroneous and set aside its ruling. ...

Appointment to the post of Lower Division Assistant—The case involves a dispute over the appointment of Lower Division Assistants—The respondents alleged non-compliance with a West Bengal Administrative Tribunal order—The Court found that the Tribunal's order merely made the petitioners eligible for consideration but did not guarantee their appointments—By the time their turn came, the vacancies were filled—The High Court overlooked this, leading to an erroneous direction for appointments. The Court set aside the High Court's judgment, allowing the appeal. ...

Appointment—The senior counsel to assist in nominating the members of the committee of administrators to be appointed in terms of the order—Although 'X' had tentatively agreed to do the needful, he today submits that he may have an embarrassment in accepting the assignment on account of the fact that he had been in the year 2009 retained on behalf of the BCCI. Court quite appreciate the difficulty expressed by 'X' and accordingly discharge him of the role assigned to him. In his place, Court request the senior counsel, to assist the Court and to recommend suitable names for appointment as members of the committee of administrators in consultation with the amicus ...

Constitution of India, 1950—Article 32—Appointment—Campaign for Judicial Transparency and Reforms and several other individuals, including advocates—The petition sought various reliefs related to the appointment of Hon'ble Mr. Justice as the next Chief Justice of India—However, the court held that the petition lacked a constitutional foundation or basis and could not be entertained under Article 32—Additionally, it stated that a writ of quo warranto would not apply in these circumstances—The court emphasized that individuals aggrieved by such appointments should pursue available legal remedies rather than seeking declarations through Article 32 petitions. ...

Constitution of India, 1950—Article 124, Article 32—Appointment—Notification had already been issued for the appointment of the Chief Justice of India—The petitioners had requested the court to direct the consideration of various representations they made to high constitutional functionaries—However, since the appointment notification had already been issued, the court deemed the petition virtually infructuous, meaning it had become irrelevant or moot—Consequently, the court saw no purpose in proceeding with the matter.     ...

Constitution of India, 1950—Article 32—Delhi Special Police Establishment Act, 1946—Section 4C—Curtailment—The process of appointment of regular Director to the CBI has been commenced and hopefully, the first meeting of the Committee will take place in the last week of December—The Attorney General further submits that the counter affidavit on behalf of the Government of India is being filed during the course of the day—Permission is granted.  ...

Jammu and Kashmir against orders issued by a Division Bench of the High Court in response to a Public Interest Litigation (PIL) filed by the District Bar Association, Bandipora—The PIL raised concerns about the lack of basic amenities in the building housing the Sessions Court in Bandipora, and the engagement of daily rated workers in the state's judiciary—The High Court issued directions, including the regularization of daily rated workers and the creation of additional posts for them—The State government appealed this decision—The Supreme Court considered whether the High Court's directions were in line with previous judgments, including the landmark case of Secretary, State of Karnataka v. Umadevi—The Court clarified that while Umadevi established that courts should not direct the regularization of...

Terminated from his job as a conductor in a bus service—The Labour Court found that the termination was unjustified due to a perverse finding in the inquiry process—The High Court modified the award, granting the appellant 50% of back wages as compensation but denying gratuity—The Supreme Court held that the Labour Court's decision was correct, and the High Court erred in its judgment—The appellant was entitled to gratuity for his continuous service until superannuation, and the appeal was allowed—No costs were awarded. ...

Companies Act, 1956—Section 253—Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997—Regulation 22(7)—Violation pertained to the appointment of directors during an offer period—The Tribunal held that the offer period commenced from the date of public announcement, not from a concluded agreement—However, the Supreme Court disagreed, stating that a concluded agreement should also trigger the offer period—As a result, the Supreme Court set aside the Tribunal's order and upheld the Adjudicating Officer's decision to impose the penalty. ...

Consumer Protection Act, 1986—Section 24, Section 24B, Section 30—Eligibility for appointment—Committee has highlighted instances of bureaucratic and political influence negatively impacting the selection process, affecting the functioning of consumer fora—To address this, the quality of adjudication in district fora must be strengthened, and members should understand their responsibilities—Checks and balances are necessary—The work of consumer fora is of a judicial nature, and to ensure uniformity, the Union Government will create model rules for adoption by state governments, subject to approval by the Court, within four months. ...

Selection process—Civil Appeal has been filed against the judgment of the Division Bench of the High Court of Jharkhand at Ranchi in a Writ Petition (Special)—The writ petitioners (respondents 4 to 11) had challenged the selection process for filling 34 posts of Additional District Judges through a Limited Competitive Examination scheduled for August 31, 2008—The court has determined that the selection process for 2008, which was completed following an interim order by the Supreme Court, is proper and final—Based on this finding, the challenge in companion Writ Petitions to the selection process initiated for the year 2010 does not warrant interference—In 2010, there were only 8 vacancies for direct recruitment from the Bar as of the notification date (November 4, 2010)—None of the petitioners in this c...

Right of Children to Free and Compulsory Education Act, 2009—Section 23 (1)—Appointment—Secondary Grade Teachers and B.T. Assistants in Tamil Nadu, following the guidelines set by the National Council for Teacher Education—The weightage of marks for academic performance and Teacher Eligibility Test (TET) remained consistent despite changes in government orders—The appellants, having participated in the selection process as per the government orders, cannot contest the allocation of marks for academic performance based on actual scores—They cannot challenge reasonable decisions made by authorities to ensure fairness, even if the results do not align with their individual interests—The state government has the authority to grant relaxation in TET marks for reserved category candidates—As a res...

Constitution of India, 1950—Article 12, Article 226—Penal Code, 1860 (IPC)—Section 294A—Acceptance of recommendations—Board of Control for Cricket in India (BCCI) had made objectionable statements in the press and even requested the International Cricket Council (ICC) to issue a letter suggesting that the Committee appointed by the Court amounted to governmental interference—The Court has chosen not to issue a direction for the appointment of administrators at this stage, giving BCCI an opportunity to demonstrate its good faith and compliance efforts before the Committee and the Court by the next date of the hearing. ...

Constitution of India, 1950—Article 234, Article 309—Filling up a single vacancy—District Judge (Entry Level) through a recruitment examination in 2013—While the petitioner's name appeared in the select list, it's important to note that inclusion in the select list does not confer an indefeasible right to appointment—Being empaneled is a condition of eligibility but does not guarantee selection or create a vested right to appointment—Appointments must be made following statutory rules and in accordance with constitutional requirements—In this case, the petitioner does not possess an indefeasible right to be appointed as District Judge (Entry Level) in the Manipur Judicial Services Grade-I—Therefore, the writ petition has been dismissed. ...

Appointment—The appellant was appointed as a Constable in Dhanbad DistrictCase, the appellants were appointed as constables in the police force without following the proper procedures outlined in the Police Manual—Their appointments were later discovered to be illegal, and they were terminated from service—The appellants argued that they were victims of irregularities by the police officials who appointed them and should be allowed to continue in their positions—However, the court held that illegal appointments should not be condoned, and the appellants' terminations were upheld ...

Constitution of India, 1950—Article 233, Article 234—Appointment of judicial officers—Appeals revolve around the authority of the State of Bihar to implement reservations for various backward classes, including SC/ST/OBC individuals, in the superior and subordinate judicial services of the state, in line with Article 16(4) of the Constitution—The decision primarily hinged on the fact that the amendments introducing reservations were not preceded by proper consultation with the High Court, as required by Articles 233 and 234 of the Constitution—The High Court should review the material provided by the State, assess the validity of the State's proposal, and communicate its opinion, along with the reasons for that opinion, to the State—If both the State and the High Court agree, the State can then proc...

Andhra Pradesh Engineering Service Rules, 1966—Rule 6(2), Rule 8(c)—Andhra Pradesh State and Subordinate Service Rules, 1996—Rule 16(a), Rule 16(h), Rule 17(a), Rule 17(b), Rule 18(a)—Appointment—Recruitment process for the individual in question was conducted by the Andhra Pradesh Public Service Commission, and he was allotted to the Irrigation Department—The power under Rule 17(a)(ii) or Rule 31 could be invoked in this case—In situations where probation is extended, Rule 16(h) applies, and it becomes necessary to determine the altered date for the commencement of probation—The Tribunal and the High Court had employed a flawed logic in this matter—Even if an Assistant Executive Engineer passes the Account test within the stipulated probation period of 2 years, they will not be consid...

Constitution of India, 1950—Article 142—Termination of service—High Court of Madras, the appointments of certain selected candidates were challenged—However, it was observed that these selected candidates did not have sufficient opportunity to present their case before the High Court—After considering the arguments presented by the concerned counsel and reviewing the records and reports from the Tamil Nadu Public Service Commission and the Union Public Service Commission, the court found that any mistakes made by the selected candidates had been largely overlooked—Therefore, it would not be fair or appropriate to take a harsh stance that would result in several reasonably good officers, who had been working for many years, losing their jobs—The original petitioners who had initially filed the peti...

Regularisation of services—India seeking a direction to the respondents to regularize their services from the date of their appointment—The Court noted that a previous decision had already directed the absorption of the petitioners into permanent roles and the only condition imposed was that their appointments should be limited to the quantum of work available on a perennial basis—The Court held that matters that had already reached finality should not be reopened—Therefore, the writ petitioners were entitled to be regularized, and their claim should be considered from the date on which it had been illegally rejected by the authorities—As a result, the writ petition was allowed. ...

Calculation of vacancy—State Government requested the Public Service Commission to select candidates with physical disabilities to fill five Deputy Collector positions through a special recruitment drive aimed at addressing backlog quotas—The High Court accepted that the Deputy Collector position in 2001-2002 was eligible for a 3% horizontal reservation for physically handicapped candidates—However, the High Court also noted that while one Deputy Collector position was identified as a backlog for physically handicapped candidates, it did not guarantee the appellant's appointment to that specific position—The State had already provided the legally mandated reservation, including determining the roster point for the reserved posts—As a result, the appeal has been dismissed. ...

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977—Section 5—Maharashtra Universities Act, 1994—Section 59—Appointment—The court allows the appeal, finding that the respondent's appointment as a Lecturer cannot be considered permanent, and the High Court's decision to reinstate the respondent without back wages is not legally sustainable. ...

Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302—Uttar Pradesh State Universities Act, 1973—Section 50—Selection —Appointments of Members of the U.P. Higher Education Service Commission (respondents No. 4 to 13 in the writ petition) was questioned—The court has ruled as follows: The appointments were challenged through writ petitions, but some of the private respondents had previously raised similar challenges in the High Court—These earlier writ petitions were withdrawn without any reservations or requests for future legal action—Therefore, the subsequent writ petitions challenging the same selection were barred by the principle of Estoppel—In other words, the petitioners were prevented from challenging the appointments again after withdrawing their i...

Constitution of India, 1950—Article 133—Punjab Civil Services (Executive Branch) (Class I and II) Rules, 1976—Rule 28—Appointment—Writ petition was filed challenging the decision of the Government of Punjab and the subsequent appointment orders of the respondents—The case pertained to certain special treatment given to the victims of extremist violence in Punjab—The court noted that imposing an absolute embargo on the state's authority to grant relaxation under any of the conditions of the recruitment rules seemed inconsistent with the state's constitutional authority—However, the legality of exercising such power in a specific case was a separate matter—The court also observed that the appointments in question dated back to approximately a quarter-century ago, around the years...

Appointment—Patent Appeals revolve around the appointment of Retail Outlet Dealerships—The court found that the interim order issued by the High Court was inappropriate in this case—Instead, it should have directed the parties to maintain the status quo as it existed on the date of the impugned order regarding the petrol pump—After reviewing the documents, the court determined that the appellant, a widow, had been operating the petrol pump for over a year, and the balance of factors, including a prime facie case, convenience, and potential harm, favored the appellant over respondent No. 2—Consequently, the court set aside the stay granted by the Division Bench, and the appeal has been allowed. ...

Constitution of India, 1950—Article 133—Appointment—The High Court's order suggests that the appointment and absorption of the respondent No.1 (writ petitioner) did not fully comply with the previous order of the High Court in a writ petition—The High Court did not intend to grant any additional entitlement to the respondent No.1 as claimed in the Contempt Petition—The appeal is allowed. ...

Constitution of India, 1950—Article 14, Article 16, Article 165, Article 226, Article 32—Criminal Procedure Code, 1973 (CrPC)—Section 24, Section 24(4), Section 25, Section 321—Appointment of Law Officers—Provided suggests that the appointment of law officers by State Governments is a matter of concern, and the courts are primarily interested in the process of selecting and appointing law officers in the States of Punjab and Haryana—While the specific directions provided in this case are limited to these two states, the passage encourages other states to reform their systems for selecting and appointing law officers to make the process more transparent, fair, and objective—This reform may involve amending relevant LR Manuals, Rules, and Regulations related to the appointment of law officers—...

Constitution of India, 1950—Article 14, Article 16, Article 21, Article 226—Meghalaya Lokayukta Act, 2014—Section 14, Section 3, Section 3(2), Section 3(3), Section 4—Prevention of Food Adulteration Rules, 1955—Rule 5—Appointment of Lokayukta—Writ petition was filed regarding the appointment of Lokayukta and the failure to constitute the Meghalaya State Human Rights Commission—The High Court referred to Clause (a) of Sub-section (2) of Section 3 of the Meghalaya Lokayukta Act, 2014, in its order—However, the High Court should not have proceeded as if it were testing the validity of the provision and granting a stay—This approach was deemed to be erroneous—The court, therefore, set aside that part of the order dealing with the provisions of the Act and did not express any op...

Uttar Pradesh Intermediate Education Regulations, 1921—Regulation 2(2)—Service Law—Appointment—Recruitment, no one appeared on behalf of the respondent (writ petitioner) to oppose the appeals or counter the appellant's submissions—The controversy regarding whether the post in question could only be filled through promotion from in-service candidates need not be addressed for several reasons—No one represented the respondent to oppose the appeals—The respondent has already retired from service, making it impossible to consider their promotion to the post—No in-service candidate, apart from the respondent, has come forward to request promotion for the post, despite being eligible—The appellant has continuously served in the position for approximately 26 years, based on selection, a s...

 Appointment—These appeals involve a case where employees of the National Water Development Agency (NWDA) are seeking to switch from the Contributory Provident Fund Scheme to the Pension Scheme, as recommended by the Fourth Central Pay Commission—They argue that an Office Memorandum dated 01—05—1987 supports their switch, but the NWDA and Ministry of Water Resources have refused—The case has been through the Central Administrative Tribunal and the High Court of Delhi—The central issue revolves around whether the employees of NWDA should be covered by the Pension Scheme and whether the Office Memorandum applies to them. ...

Uttar Pradesh State Universities Act, 1973—Section 31(4), Section 31(8)—Appellant contests the Allahabad High Court's decision that annulled the Chancellor's order under an unspecified section. The details of the appointment dispute or the specific grounds for challenging the High Court's decision are not provided in the summary. The appellant appears to seek relief or disagreement with the High Court's ruling. Without additional context or information on the section mentioned, the summary remains incomplete in detailing the nature of the dispute and the grounds for the appellant's challenge. ...

Constitution of India, 1950—Article 13, Article 14, Article 226—High Court was deemed incorrect in issuing a mandamus for the automatic renewal of the term of the Respondent as District Government Counsel (Criminal). The court held that the renewal of terms for existing incumbents requires the State Government to consider past performance and conduct based on recommendations from District Judges and District Magistrates. The State Government must fill vacant posts by considering all eligible candidates, and District Judges and Magistrates should provide objective assessments. The court emphasized the need for recommendations to prioritize public interest over the interests of specific political parties. The appeal was allowed with these considerations. ...

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Uttar Pradesh Water Supply and Sewerage Act - Section 4(2- A), 96—Appointment—Appellant filed a writ petition challenging the appointment of respondent no. 4 to the position of Managing Director of Uttarakhand Peyjal Sanshadhan Vikas Avam Nirman Nigam. According to the rules, selection for this position should be based on merit. However, respondent no. 4 was served with three charge sheets, indicating the initiation of departmental proceedings against him. The Nigam cannot withhold the charge sheets from the selection committee. The selection of respondent no. 4 was in breach of the rules, and it must be set aside. The High Court's decision to reject the writ petition was deemed erroneous, and the appeal was allowed. ...

Constitution of India, 1950 - Article 309—Appointment—Applicant was initially appointed as an ad-hoc appointee and later regularized as an Assistant Engineer. His appointment order in 2005 also mentioned a probation period of two years. The rules for promotion to the position of Executive Engineer (Mechanical) required a mandatory 8 years of regular service as an Assistant Engineer, with no provision for relaxation. The respondent did not fulfill this service requirement. Therefore, the High Court's direction to promote the respondent was found to be unsustainable, and the appeal was allowed. ...

Punjab Civil Service (Judicial Branch) Service Rules - Rule 8—Appointment—Appointment to the post of Deputy Director (Law) in the Other Backward Class (OBC Category), the names of certain candidates were not included in the list of those finally selected. The non-selection of these candidates resulted from an alteration in the prescribed mode of selection. It was clarified that there was no change in the selection criteria, which remained at 80 marks for the written test and 20 marks for the interview, with no introduction of minimum cutoff marks in the interview. The shortlisting process to recruit the best candidates based on a rational and reasonable basis was deemed legally permissible. (Reference to AIR 1995 SC 77) ...

Constitution of India, 1950 - Article 14, 16—Appointment—Appointments in Haryana Cooperative Societies and the qualifications required for the posts. Initially, the rules did not specify any qualifications for the posts. However, the Registrar later prescribed qualifications, requiring candidates to be Ex-Servicemen not below the rank of Hawaldar, possess a matriculation certificate, and have knowledge of computers (course 'O' level). The legality of this prescription was not challenged. The High Court inquired into the matter, questioning the recruitment process's advertisement procedure. The Supreme Court found that the High Court failed to consider that the writ petitioners were not qualified for the posts and allowed the appeal, deeming it a wastage of judicial time. ...

Constitution of India, 1950—Article 233—Vacancies in the promotion of Civil Judges (Senior Division) to District Judges in Bihar. It emphasizes the urgency of filling 58 vacant District Judge posts, suggesting promotions based on seniority-cum-merit. The court urges timely action to prevent delays in the justice system. It notes the stagnation issue among Civil Judges (Junior Division) due to promotion delays. Regarding proposed rule amendments on reservation in appointments, the court encourages consultation between the State Government and the High Court for progress. The matter is adjourned for further consideration. An incidental application is withdrawn with liberty to pursue it in the High Court. ...

Constitution of India, 1950—Article 14, Article 16—Appointment—Dispute over seniority and promotion affecting the appellants, the court emphasized that the state cannot treat similarly situated employees differently—The issue included allegations of discrimination and the determination of seniority crucial for promotions—The court directed the authorities to fully implement its orders, as modified, for the concerned employees, and stressed that punitive action against contemnors would be considered only after the complete implementation of the court's directives—The appeal was allowed in favor of the appellants, emphasizing the principle of equality in the treatment of employees in matters of seniority and promotion. ...

M.P. Co-operative Societies Act, 1961—Section 55(1)—M.P. Rajya Sahakari Bank Employees (Terms of Employment and Working Conditions) Rules, 1976—Rules 21, 22 and 23—Constitution of India, 1950—Article 12, Article 14, Article 142, Article 16, Article 162—Appointment—Appeals revolve around the jurisdiction to scrutinize the appointment process of 60 clerks-cum-typists by the M.P. State Co-operative Bank—The key issues to be determined include the authority to investigate the appointments and whether the said appointments align with the applicable Service Rules—The appeals require a resolution on the legality and conformity of the appointments—The Court is tasked with deciding the questions surrounding the appointment process and adherence to established Service Rules by the M.P. Sta...

Calcutta University Act, 1979—Section 32—Appointment—Candidate applying for the position of Lecturer in Geology at Calcutta University, despite the Selection Committee's recommendation, the University failed to take action on the appointment—The court ruled in favor of the appellant, directing the University to appoint her to the position—Additionally, the order stipulates the payment of retiral benefits and back wages to the appellant, with a three-month deadline for the University to make the necessary calculations and payments. ...

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1978—Section 16—Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981—Rule 6—Graduate teachers with B.Ed. qualifications, initially appointed to teach in Primary Schools up to the 7th standard, faced a change in their employment status in 2001. Despite their qualifications, they received notifications on various dates informing them that they would be considered untrained teachers. Consequently, their salaries were adjusted accordingly. This shift in designation and subsequent salary adjustments raised concerns about fairness and adherence to initial employment terms. The situation underscores the significance of clear communication and consistency in employment policies to ensure equitable treatment o...

Aircraft Rules, 1937—Rule 54, Rule 61—Constitution of India, 1950—Article 226—Appellant, the Indian Institute of Technology, Kanpur, advertised several posts, including the position of Maintenance Engineer (Aircraft), which required a B.Tech degree in Aeronautical or Mechanical Engineering. The respondent, employed in the Indian Air Force with an equivalent qualification, was appointed on probation with the condition to obtain an Aircraft Maintenance Engineer (A.M.E.) license. Despite several reminders, the respondent failed to produce the required license within the stipulated time. The institute extended his probation, prompting the respondent to challenge the order in a writ petition. The High Court not only quashed the order but directed the institute to consider the respondent for permanent employment. The Sup...

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977—Section 5(2), Section 9 - Appointment Termination—Reserved Category Vacancy—Rule 9(9)(a) of M.E.P.S. Rules, 1981—Appellant's failure to fill ST reserved post—Respondent, an OBC candidate, appointed on a temporary basis—High Court's reliance on Shakuntala Ganpatsa Shirbhate v. Industrial Weaving Co-op. Society—Withheld certificate confirms respondent's full-time service—Direction to reinstate respondent with immediate effect, but back wages only from retirement date of subsequent appointee (P.B. Lohar)—Appeal dismissed with modification. ...

Consumer Protection Act, 1986—Section 16, Section 16(1),—Appointment of Chairman of State Commission—Supreme Court addressed the issue of statutory consultation with the Chief Justice of the High Court under Section 16(1)(a) of the Consumer Protection Act, 1986—The dispute arose regarding the appointment of the President of the State Commission—The Court clarified that the consultation process under Section 16(1)(a) is distinct from the process under Article 217 of the Constitution for appointing High Court Judges—The Court, referencing a prior decision, held that the Chief Justice need not consult two senior colleagues for recommending a sitting or retired Judge for the State Commission's President—The Court also discussed the interpretation of Section 16(1A) introduced by an amendment, empha...

Andhra Pradesh School Education Act—Section 89(b)—Constitution of India, 1950—Article 226—Appointment—Appellant and Surya Narayanan, sons of Venkateswarlu, claimed entitlement to run Hindu Aided Elementary School in Andhra Pradesh after their father's death—Both asserted rights based on alleged Wills executed by their father in 1984 and 1985—Surya Narayanan, disqualified due to his teaching job, executed a power of attorney in favor of his wife (Respondent 5), approved as Correspondent by the District Education Officer (DEO)—A subsequent order appointed the appellant as Manager, leading to litigation—The High Court initially upheld the DEO's decision, but a second writ petition by Respondent 5 resulted in a different outcome—The appellant challenged this decision, arguing...

Consumer Protection Act, 1986 - Section 10, Section 16, Section 16(1), Section 20, Section 20(1), Section 9—Appointment of President—The Supreme Court clarifies that the consultation process under Section 16 of the Consumer Protection Act, 1986, for the appointment of a President of the State Commission should not be equated with the constitutional requirement of consultation for the appointment of a High Court Judge under Article 217 of the Constitution The Court asserts that the consultation by the Chief Justice with two senior-most Judges under Section 16 is a statutory requirement, distinct from the constitutional consultation for High Court appointments It emphasizes that the insistence on consultation by the Chief Justice with two colleagues for Section 16 appointments is unwarranted, and the process need not mirror the ...

      Arbitration and Conciliation Act, 1996—Section 16, Section 7—Appellant challenged an order of the Kerala High Court appointing an arbitrator under Article 226 of the Constitution of India, contending that there was no written agreement for arbitration as required by the Arbitration and Conciliation Act, 1996—The High Court's order, suggesting arbitration, was made without recording any consent from the parties—The appellant participated in the proceedings before the arbitrator, but the Supreme Court held that this did not amount to accepting the arbitrator's jurisdiction—The Court emphasized that under Section 7(2) of the Act, a challenge to the arbitrator's jurisdiction should be raised at the earliest, and participation in proceedings would not constitute acce...

Uttar Pradesh State Medical Colleges Teachers Service Rules, 1990—Rule 15—The petitioner, who had been appointed as an ad hoc Lecturer at Motilal Nehru Medical College, was promoted to Assistant Professor in 1986 and Reader/Associate Professor in 1989—The petitioner challenged the delay in his promotion to Associate Professor, arguing that despite being senior to Dr. Umesh Chandra Goel who was promoted ad hoc based on an interim court order the petitioner had not been promoted due to Dr. Goel's position occupying the sole Associate Professor post—The Court noted the State's admission of the petitioner’s seniority and the fact that he would have been promoted but for Dr. Goel’s ad hoc appointment—The Court directed the petitioner’s promotion to Associate Professor, effective December ...

Indian Medical Council Act, 1956—Section 3, Section 4—Supreme Court appoints an Ad Hoc Committee to assist and monitor MCI's functions—The Committee, comprising Dr. N. Rangabashyam, Prof. P.N. Tandon, Dr. S.K. Bhansali, and Dr. (Mrs) S. Kantha, will collaborate with MCI's Executive Committee, particularly in the appointment of inspectors and scrutiny of their reports for granting recognition to medical colleges—The Court directs the Committee to work harmoniously and seeks recommendations on improving the Executive Committee's efficiency—The Administrator appointed by the High Court is relieved in light of the Ad Hoc Committee's appointment—The Union of India is instructed to address MCI member vacancies, and the Central Bureau of Investigation (CBI) is urged to expedite its investigation and submit a report or charge-sheet—...

Arbitration and Conciliation Act, 1996—Section 11(6)—Petition under Sections 11(6) and 14 of the Arbitration and Conciliation Act, 1996, seeking the appointment of a third and presiding arbitrator to adjudicate disputes between the parties—The court, in its decision, emphasizes that a joint petition under Sections 11(6) and 14 is inappropriate, as the Chief Justice or their designate, involved in Section 11(6), does not perform a judicial function—The dispute arises from the appointment of the presiding arbitrator, Mr. David A.R. Williams, with one party challenging the appointment—The court rules that the appointment process, even if not in writing, is valid as long as there is actual consultation between the appointed arbitrators—It dismisses the petition, stating that objections to the arbitral tribu...

Constitution of India, 1950—Article 14, Article 16, Article 226—Haryana State Electricity Board challenges a judgment from the Punjab and Haryana High Court, directing the employment of the son of a deceased employee under the compassionate grounds policy—The respondent, Smt—Krishna Devi, sought employment for her son eight years after her husband's death in 1984—The appellant rejected the application, leading to the writ petition—The High Court, relying on a previous decision, granted the petition, ordering the board to provide employment—The Supreme Court, however, emphasized that compassionate employment is a humanitarian consideration and not a matter of right—Without existing rules or instructions at the time of application, and considering the substantial delay, the Court set aside...

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Evidence Act, 1872—Section 115—Legal document discussing a case related to the selection of a professor at the University of Goa—The document outlines the events leading to the selection, the challenges raised, and the decision of the High Court—The judgment discusses various aspects, including the eligibility criteria, the constitution of the Selection Committee, the qualifications of the appellant, and allegations of bias—If you have specific questions or if there's a particular aspect you'd like more information or clarification on, please let me know, and I'll do my best to assist you.   ...

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Civil Procedure Code, 1908 (CPC)—Order 40 Rule 1—Appellant challenged the order of the Madhya Pradesh High Court directing the appointment of a receiver for suit properties—The plaintiff had filed a suit seeking partition and separate possession of the properties, alleging that the defendants were mismanaging and appropriating the rents—The trial court had initially rejected the application for the appointment of a receiver, but the High Court allowed the appeal and ordered the appointment of a receiver—The Supreme Court upheld the order but modified it by reducing the receiver's remuneration from Rs.10,000 to Rs.1,000 per month—The Court emphasized the need for a third-party receiver given the complexities of the case and directed the trial court to expedite the proceedings and dispose of the...

Arbitration Act, 1940—Section 29, Section 30—Construction dispute case, Rajendra Babu, J., detailed the background of two agreements between the appellant and respondent for the construction of residential quarters—The arbitrator's awards, deemed as hybrid, were found lacking clarity and were set aside—Notably, the arbitrator's consideration of the claim for payment of material escalation was criticized for not applying contractual provisions adequately—The Court ruled that the arbitrator's familiarity with the case required a new arbitrator's appointment—Additionally, it addressed a limitation issue, condoning the delay in filing objections, but imposed a penalty cost of Rs—40,000 on the appellant—The matter was remitted for fresh consideration by the new arbitrator, former ...

Respondent, appointed as Chairman for a fixed period, should be considered a permanent employee of the Bank of Cochin, maintaining a substantive right against the post—The court rejected the analogy of a Professor at the All India Institute of Medical Sciences, stating that the appointment as Chairman did not entail automatic cessation from the substantive post—The court emphasized that neither the order of appointment as Chairman nor the provisions of the Banking Regulation Act or any rule of the Bank of Cochin indicated an automatic cessation from the employee's substantive post upon appointment as Chairman for a fixed tenure—Consequently, the court dismissed the appeal ...

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Constitution of India, 1950—Article 309—Recruitment Rules—Rule 11, Rule 12—Appeal concerns the eligibility of ad hoc appointees, whose appointments were made outside the Recruitment Rules, to count their service towards benefits like higher pay scale upon regular appointment later—Rakesh Kumar Singla filed a petition seeking a selection grade as Assistant Engineer, claiming service count from his ad hoc appointment in 1980 to his regular appointment in 1982—The High Court, divided in opinion, ruled in favor of including ad hoc service for benefit computation—However, the Supreme Court overturned this decision—It clarified that the relevant government circulars, specifying benefits after 5 or 12 years of regular service, do not apply to ad hoc appointments—Moreover, the Recruitment Rule...

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Civil Procedure Code, 1908 (CPC)—Order 40, Rule 1—Appellant sought the deletion of Respondent No. 2, leading to their removal from the parties' array, at the Appellant's risk—Respondent No. 3, although served, did not enter appearance, resulting in an ex parte disposal of the appeal against them—The Appellant challenged an ad interim order of 16th April, 1999, wherein the High Court vacated a previous order from 21st December, 1998, appointing a Receiver—The court found the absence of the Appellant on a specific date insufficient grounds for such vacation and reinstated the original order from 21st December, 1998—The court directed the Appellant to serve a certified copy of the order to the appointed Receiver, who would then schedule another date for the Appellant to take possession of the prope...

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Constitution of India, 1950—Article 12, Article 136, Article 32—In a contractual appointment as a Fellow Scientist at CDRI under the Quick Hire Scheme, the initial one-year term, extendable up to three years, with a terminable contract subject to a three-month notice period, is held to be valid—However, when an extension is granted for only six months instead of the agreed one year, the court deems it arbitrary and unjustified—The extension duration does not constitute an exercise of the power to terminate the contract—Consequently, the Fellow Scientist is entitled to continue up to the stipulated three years unless the contract is terminated based on the specified grounds—While the appointment aims to prevent brain drain and benefit from scientists' expertise upon their return, the court emphasizes...

Constitution of India, 1950—Article 317, Article 317(1)—Removal of Chairman or Member of Public Service Commission—Criteria of Merit and Integrity—In the context of appointing and removing the Chairman and Members of a Public Service Commission, this case emphasizes that their selection must be based on merit, ability, and suitability—Once appointed, they are expected to exemplify high moral standards, akin to Caesar's wife—The unique position they occupy demands utmost objectivity, integrity, and detachment in their duties—The Chairman, in particular, serves as a constitutional trustee, held to a stricter moral standard than the common man—Mere lapses in behavior, falling short of exemplary conduct, do not constitute misbehavior under Article 317 of the Constitution, warranting removal&...

Punjab Municipal Corporation Act, 1976—Section 342—Aquia timet action, a preventive action in equity, aims to forestall anticipated wrong or impending harm—In such cases, the court can intervene by appointing a receiver, directing the provision of security, issuing an injunction, or employing other remedial processes.In tort cases, particularly concerning nuisances, the distinction between existing and future nuisances is crucial—An existing nuisance can be assessed in terms of quantum, and relief can be formulated accordingly—However, for a future nuisance, the plaintiff must demonstrate a strong probability of the anticipated harm, making the threat imminent or likely to cause irreparable damage—While the court does not demand absolute certainty, a high probability of the impending mischief is require...

Civil Procedure Code, 1908 (CPC)—Order 40, Rule 1—In a suit for partition where the defendant is in physical possession of the disputed property, the High Court appointed a Receiver without considering just convenience, a prima facie case in favor of the plaintiff, and urgency—The Supreme Court held that a Receiver can only be appointed when it is just, convenient, and there is a prima facie case, along with an urgent need—The High Court failed to address these criteria in appointing the Receiver, leading to the decision that the appointment was not legally justified—Consequently, the Supreme Court set aside the High Court's order appointing the Receiver. ...

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Constitution of India, 1950—Article 16, Article 226—Higher Qualifications Not a Disqualification for Class III and IV Services in Maharashtra Judicial Service.In a landmark judgment, the Maharashtra High Court addressed the issue of recruitment to Class III and IV services in the Subordinate Judicial Service—The court held that possessing higher qualifications than the minimum prescribed for a Class IV post should not disqualify a candidate—The criterion, termed as "another type of reservation," was deemed irrational, violating Articles 14 and 16 of the Constitution—The court emphasized that higher qualifications cannot disadvantage a candidate, asserting that it amounts to an unfair practice—The judgment deemed disqualification based on qualifications above the VII standard for peon positions...

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Civil Procedure Code, 1908 (CPC)—Order 41, Rule 22—Appeal—Civil Appointments and Seniority—Appellate Challenge on Tainted Appointments. In a case concerning the appointment of Civil Engineers in the Municipal Corporation, the High Court found the appointments tainted but no separate appeal was filed by the Corporation—The appellants, appointed candidates, contended that the respondents had not filed any Special Leave Petition (SLP) in time to challenge the findings of the Division Bench—The Supreme Court held that the respondents could attack the adverse findings or observations made by the High Court, even without filing a separate appeal—The court also emphasized that the candidates who were not selected could challenge the adverse findings, and the delay in filing the SLP was condoned&mdas...

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Constitution of India, 1950—Article 252—Water (Prevention and Control of Pollution) Act, 1974, —Appointment—specifically Section 5, it is clarified that the nomination of a Chairman to the Board due to a casual vacancy arising from the resignation, disqualification, or removal of the incumbent Chairman before the usual three-year term's expiry is temporary—The casual vacancy is deemed to exist only for the remainder of the outgoing member's/Chairman's term—Any appointment made to fill this vacancy is regarded as a transitional arrangement, in effect until the termination date of the original term, at which point it automatically concludes—This interpretation underscores the temporary nature of appointments to fill casual vacancies, aligning with the remaining term duration of the ...

Constitution of India, 1950—Article 136—Arbitration and Conciliation Act, 1996, by the Chief Justice of a High Court—The court emphasizes that orders issued by the Chief Justice under this provision are administrative in nature and, as such, cannot be directly challenged under Article 136 of the Constitution of India—Article 136 permits Special Leave Petitions for challenging judgments, decrees, determinations, sentences, or orders passed by any court or tribunal within the territory of India—However, the court clarifies that the Chief Justice, while functioning under Section 11(6) of the Act, acts in an administrative capacity, not exercising a judicial function or representing a tribunal with judicial authority—In summary, the court holds that orders issued by the Chief Justice or their designate unde...

Constitution of India, 1950—Article 14, Article 16, Article 39(d)—Appointment—Orissa Administrative Tribunal's Decision Overturned: Distinction Upheld Between Sikhyakarmis and Primary School Teachers—The Orissa Administrative Tribunal's decision to grant "regularisation" and equal pay to Sikhyakarmis, who claimed parity with Primary School Teachers, has been overturned—The Sikhyakarmis sought the same salary and benefits as Primary School Teachers from their initial appointment date—However, the court ruled that non-formal education centers, where Sikhyakarmis work, cannot be equated with regularly run primary schools under the State Government's Education Department—The court emphasized the qualitative and operational differences between the two institutions, including disti...

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Justice Sujata V—Manohar, granted leave and considered the respondent's claim for compassionate appointment as the adopted son of a deceased employee, Bansrajia Hindu Adoption and Maintenance Act, 1956—Section 16—Compassionate Appointment—Claim for—Devi—The High Court, in a letters patent appeal, granted relief to the respondent based on a presumption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956, regarding the validity of the adoption deed—However, the Supreme Court found that the adoption deed lacked essential details and was not registered, making the presumption under Section 16 unsustainable—The Court also noted the withdrawal of benefits for appointment on compassionate grounds for adopted sons through a standing order—Considering the respondent's adop...

Constitution of India, 1950—Article 16—Seniority—Central Administrative Tribunal Appeal—Appointment and Seniority Dispute—The appellant, initially appointed as a Mechanical Operator, challenged the confirmation order dated 12.12.88 in the Central Administrative Tribunal—The appellant's appointment on probation for two years was neither extended nor confirmed, but she was declared quasi-permanent in 1968—Despite adverse remarks and disciplinary actions, the tribunal initially dismissed her application—However, it found fault with the failure to consider her case for confirmation after the probationary period—Consequently, the tribunal directed the restoration of the appellant's seniority in the grade of Mechanical Operator and clarified that she is entitled to consequential bene...

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Constitution of India, 1950—Articles 309 and 226—Appointment—Waiting list—Future vacancies - Haryana Civil Service (Executive Branch), challenged their non-selection despite being on the waiting list—The Supreme Court held that the High Court erred in rejecting the plea based on delay, as the appellants had obtained liberty to file a writ petition—The Court emphasized the relevance of government circulars directing the filling of vacancies within six months from the previous selection—Rejecting the High Court's narrow view, it mandated adherence to government policy on appointments—The respondents were directed to reconsider the appellants' cases, fitting them below previously selected candidates, without monetary benefits for the period of unemployment—The government was ...

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Constitution of India, 1950—Article 16—Appointment of a Private Secretary in the National Airports Authority (NAA), the Bombay High Court quashed the appointment of respondent No. 9 and directed NAA to consider the petitioner, Nilu Sharma, for appointment based on seniority-cum-suitability—The High Court held that historically, the post was filled by promoting stenographers Grade I based on seniority—However, the Supreme Court overturned this decision—It noted that since 1990, NAA had specified that both stenographers Grade I and Grade II were eligible for the post, with selection based on tests—The Court found no evidence to support the High Court's interpretation and held that the post was a selection post, not a promotional one—As respondent No. 9 topped the selection test, his appointment ...

Constitution of India, 1950—Article 14, Article 16, Article 226—Regional Rural Banks Act, 1976—Section 24—Dispute over Bank Appointments—Allahabad High Court's judgment directed a bank to appoint respondents to vacant positions, based on their inclusion in a merit list—The bank challenged this, arguing no vacancies existed and inclusion in the list didn't guarantee appointment—The High Court, relying on a Home Ministry notification, extended the list's validity until all candidates were appointed—The Supreme Court disagreed, finding no evidence of vacancies and citing Finance Ministry guidelines stating a panel's validity as one year—The Court ruled the Home Ministry's notification irrelevant and upheld the bank's discretion in appointments—The judgment cl...

Constitution of India, 1950—Article 143, Article 30(1)—Kerala Education Act, 1958—Section 14, Section 2(2)—Administration of minority educational institutions, the appointment of a Headmaster or Principal holds paramount importance—The right of minority institutions to select a qualified and suitable individual for such administrative roles cannot be infringed upon by legislative or executive actions, except for setting qualifications and service conditions—Any such interference would contravene the fundamental right of minorities under Article 30(1) of the Constitution—While subject to state-prescribed qualifications, the management retains the freedom to appoint individuals for these pivotal positions, whether from within the institution, outside, or even from another state, without being oblige...

Central Administrative Tribunal, Cuttack, set aside the appointment of the appellant as Extra-Departmental Sub-Postmaster, citing their concurrent employment as an agent for various financial entities—However, the Tribunal's decision was based on the erroneous assumption that such postmasters cannot pursue other occupations—The Department of Posts clarified that no prohibition exists against Extra-Departmental Sub-Postmasters engaging in additional income-generating activities, including serving as agents for other institutions—Therefore, the dismissal of the appeal upholding the Tribunal's decision was deemed unwarranted, as the appellant's dual employment did not contravene any regulations. ...

Uttar Pradesh Regularisation of Ad hoc Appointments (On Posts Within the Purview of the Public Service Commission) Rules, 1979—Rule 4, Rule 5, Rule 6, Rule 8—Constitution of India, 1950—Article 309—Appointment regularization—Termination of service due to unsuitability—High Court interference based on expunging adverse entry and integrity certification, omitting consideration of interpolation in High School Certificate—Direction for reconsideration issued—Appeal allowed, judgment set aside, case remanded for fresh consideration with inclusion of all relevant factors. ...

Uttar Pradesh State Universities Act, 1973—Section 31(3)—Appointment of Lecturer—Respondent No. 1 appointed against leave vacancy, entitled to consideration for newly created post in same Department under Section 31(3)(b) of Act—College Management recommended her appointment as Lecturer, but differences within Executive Committee delayed regularization—Director of Education's decision deemed final by all parties. ...

Constitution of India, 1950 - Article 226, Article 309—Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 - Rule 2, Rule 3, Rule 8(8)—Appointment—In the appeals arising from the order in Special Civil Application No.3678 of 1997, the core issue was whether experience required for a post should be calculated before or after obtaining the requisite academic qualification—The Gujarat Public Service Commission (G.P.S.C.) had initially recommended the appointment of respondent No.1 based on a select list, but the government found that respondent No.1 did not meet the five-year experience requirement, leading to the removal of his name from the list—The learned single Judge ruled that experience gained before acquiring academic qualifications could be considered, relying on a decision from ...

Constitution of India, 1950—Article—302—Madhya Pradesh Industrial Training (Gazetted) Service Recruitment Rules 1985—Rule 13, 14, 15, 16—Appointment not equivalent to regular basis: Court rules that respondent's ad hoc appointment as Principal does not qualify as a regular appointment under newly promulgated Rules, rendering the post vacant—Experience insufficient for promotion: Court rejects respondent's claim of administrative experience as equivalent to requisite engineering knowledge, likening it to a compounder's observation of a doctor without acquiring medical expertise—Upholding educational qualification rule: Court refuses to relax qualification standards, preventing promotion based solely on experience—Appeal allowed in favor of maintaining educational qualifications fo...

Administrative Tribunals Act, 1985—Section 29—Constitution of India, 1950—Articles 14 and 16—Appointment of women as Reservation/Booking Clerks in major Railway offices, the Ministry of Railways issued a letter outlining the employment policy—Under this policy, 25% of posts were filled by direct recruitment and 75% by selection—The appellants were selected against the direct quota after the appointment of various women candidates under the new scheme—However, their prior service on an ad hoc basis could not be counted towards their length of service in the Enquiry-cum-Reservation Clerks cadre—Consequently, they could not be deemed senior to women candidates directly recruited as Enquiry-cum-Reservation Clerks before being regularly absorbed after due selection. ...

Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955—Indian Administrative Service (Recruitment) Rules 1954—Rule 12—An individual who has been issued an appointment letter but has not yet joined the position does not hold a superior position compared to an individual whose name has been listed or a probationer who can be discharged without notice if found unsuitable—The government retains the right to withdraw the appointment offer before the individual joins if it deems them unsuitable for the role—The offer cannot be indefinitely held pending the outcome of criminal or disciplinary proceedings from their previous employment—Withdrawal of the appointment offer without allegations does not imply stigma or punishment, thus no opportunity for a hearing is required befor...

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Consumer Protection Act, 1986—Sections 16(l)(a) and 20(1)(a)—Appointment—M.R. Agnihotri as President of the Haryana State Consumer Disputes Redressal Commission—The challenge was based on alleged non-compliance with Section 16 of the Consumer Protection Act, 1986—The Act mandates consultation with the Chief Justice of the High Court for such appointments—The Court clarified that consultation with the Chief Justice is crucial to maintain judicial independence—The process of appointment should resemble that of appointing a High Court Judge—In this case, the Chief Justice considered several names, including Agnihotri's, and approved his appointment—While it's preferable for the Chief Justice to initiate the proposal, substantial compliance was observed in this instance—There...

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The brother of a deceased government employee is eligible for compassionate employment—The Court interpreted the relevant rules, which define "family" to include dependent relatives such as sons, unmarried daughters, and brothers below 18 years old—Once a brother crosses the age of 18, he ceases to be considered a dependent member of the deceased employee's family—Despite previous erroneous appointments, the Court ruled that adherence to the clear language of the rules is paramount—Therefore, the High Court's direction to appoint the brother on compassionate grounds was deemed incorrect—The Court allowed the appeal, directing that if the widow of the deceased employee is eligible, she may apply for employment according to the rules—No costs were awarded in the matter. ...

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Railways failed to comply with court orders to appoint candidates selected for non-technical posts since 1987—Despite assurances and extensions, appointments were delayed, causing distress to candidates—The Railways cited post abolitions and reductions as reasons for non-compliance—However, the Court found their explanations unsatisfactory, noting inconsistencies and lack of responsibility—The Court directed the Railways to appoint all remaining candidates within twelve weeks, even in Southern Zone, and create vacancies if necessary—Failure to comply would result in proceedings against responsible parties—The Court expressed reluctance but emphasized the urgency to resolve the issue, ensuring appointments would not be questioned further—The order aimed to address the Railways' failure to honor...

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Constitution of India, 1950—Article 14, Article 21—Petition under Article 32 challenges the respondents' obligation to provide employment to displaced residents of Rourkela, despite compensation for acquired land—The court rejected the petitioners' claim, noting the employment offered to 4557 displaced persons against 2901 affected families and the provision of infrastructure and subsidies—It dismissed the constitutional challenge under Article 21, stating that land acquisition followed legal procedures and compensation was provided—The obligation to ensure livelihood doesn't extend to providing employment for every displaced family member—The court deemed the government's efforts reasonable and constitutional—Acknowledging the strain on public sector undertakings, it directed the ...

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Constitution of India, 1950—Articles 16—Appeals concern appointments to the post of General Manager in the U.P—State Tourism Development Corporation—Rule 19 of the Corporation's Rules stipulates two methods for such appointments: selection or deputation, with employees eligible to compete—The High Court, however, interpreted Rule 19 to include promotion as a mode of appointment, which the Supreme Court deemed impermissible—The Court clarified that Class I posts must be filled exclusively by selection or deputation, with no provision for promotion—It further noted that the Corporation's preference for deputation appointments was not arbitrary, given the need for officers with high administrative capacity—While acknowledging the importance of promotion for organizational efficiency, th...

Constitution of India, 1950—Articles 14 and 16—Appointments on compassionate grounds in public services—The Supreme Court clarifies that such appointments should strictly adhere to open merit-based recruitment rules—Exceptions are made for dependents of deceased employees facing financial crisis, limited to Class III and IV posts—However, some authorities offer compassionate employment indiscriminately or in higher posts, contrary to the law—The Court reiterates that compassionate appointments are solely to alleviate financial hardship, not to match the deceased's post or qualifications—Additionally, such appointments must be made within a reasonable period specified by rules—Compassionate employment must be governed by official rules or executive instructions, not ad hoc decisions&mdash...

Administrative Tribunals Act, 1985—Section 6(7)—Constitution of India, 1950—Article 323A—Madhya Pradesh that quashed the appointment of individuals to the Madhya Pradesh State Administrative Tribunal—The Tribunal, established under the Administrative Tribunals Act, 1985, was challenged for its constitutionality, particularly regarding the appointment process outlined in Section 6—The Supreme Court examined the appointment procedure, emphasizing the need for judicial independence and effective functioning of the Tribunal—The Court discussed the consultation process with the Chief Justice of India for appointing Chairman, Vice-Chairman, and members, highlighting divergent views among the judges—Ultimately, the Court clarified the appointment process, favoring consultation with the Chief Justic...

Constitution of India, 1950—Article 226—Appointment of a professor of Philosophy at Utkal University, Orissa, where Dr. Prafulla Kumar Mohapatra was selected but subsequently challenged by Dr. Bijayananda Kar—Despite letters questioning Mohapatra's qualifications, the selection was confirmed by the University Syndicate—Kar then petitioned the Orissa High Court, which ruled in his favor citing the letters as crucial evidence—However, the Supreme Court found fault with the High Court's decision, highlighting Kar's failure to disclose the letters initially and questioning the timing of their mention—The Supreme Court emphasized the autonomy of academic bodies in such matters and criticized the High Court's interference—The appeals were allowed, overturning the High Court's decisio...

Constitution of India, 1950—Article 14, Article 16—Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 1985, were challenged on constitutional grounds by Assistant Engineers, raising concerns over retrospective appointments and seniority adjustments—The rules aimed to incorporate diploma holders retrospectively as Assistant Engineers, creating disparity and violating Articles 14 and 16 of the Constitution—The historical context highlighted the distinctions between diploma and degree holders and the different cadres they belonged to—The court ruled in favor of the petitioners, striking down the retrospective aspect of the rules and directing the preparation of a fresh gradation list—The decision emphasized the importance of fairness, equality, and non-discrimination in ...

Criminal Procedure Code, 1973 (CrPC)—Section 24—Proper Consultation Required for Public Prosecutor Appointment—The Court emphasizes the need for genuine consultation between the Sessions Judge and District Magistrate to prepare a panel of names for the appointment of Public Prosecutors, as mandated by CrPC Section 24(4)—Subsequent appointments must adhere to this procedure—Vague comments by the District Magistrate without proper consultation do not fulfill the statutory requirement—Extension or renewal of appointment requires adherence to the same procedure outlined in Section 24(4)—Failure to follow the prescribed procedure renders appointments invalid—The case underscores the importance of procedural compliance for the appointment of Public Prosecutors. ...

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Constitution of India, 1950—Articles 16—Post of Senior Public Prosecutor by the Union Public Service Commission, was denied appointment despite being found fit—The Central Administrative Tribunal dismissed his plea seeking appointment, relying on undisclosed documents claiming the appellant's unsuitability—However, upon review of the documents by the Supreme Court, it was found that the appellant's character and antecedents did not justify the denial of appointment—Despite this, due to the appellant's age and years of legal practice, the Court declined to order his appointment—The appellant was awarded costs of litigation. ...

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Constitution of India, 1950—Articles 32, 226—Punjab and Haryana High Court dismissing writ petitions regarding the recruitment of Assistant Executive Engineers in the Irrigation branch of the Haryana Public Works Department—The dispute involves the failure to fill 44 vacant positions despite existing vacancies since 1979—The Court ruled that while the candidates have no inherent right to selection, the government must address the vacancies within a year, filling at least half the positions—It rejected the candidates' plea for selection based on a 1985 notification, clarifying that such vacancies were not authorized—The decision also emphasized that age restrictions should be relaxed for eligible candidates. ...

Constitution of India, 1950—Article 246 —Assistant Engineer in the Public Works Department, was transferred to the Bangalore City Corporation under specific regulations—Following a legal challenge to his absorption in the Corporation, an ordinance was issued to rectify the rules—The Karnataka Municipal Corporation Amendment Act, 1981 validated past appointments and actions, including the appellant's promotions—Despite this, he was repatriated to his parent department just before retirement due to a contempt petition—The Administrative Tribunal dismissed his plea, but the Supreme Court ruled the repatriation illegal, affirming his retirement from the Corporation's service as Addl—Chief Engineer, entitling him to all consequential benefits. ...

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Constitution of India, 1950—Article 311—Limitation - Appointment—An ad hoc social worker's termination was contested—The appellant's statutory appeal, dismissed by the Administrative Tribunal on the grounds of limitation, is reinstated—The Tribunal's finding of unauthorized appointment is overturned due to subsequent empowerment of the appointing authority—However, recognizing the appellant's negligent behavior, the Court denies full back pay but awards a nominal sum of Rs. 5,000—The appellant is reinstated effective February 1, 1993, with the directive to the respondent State for timely payment—Failure to reinstate entitles the appellant to pay and allowances from the same date. ...

Constitution of India, 1950—Articles 16—A petition challenging the appointment of Assistant Professors at the University of Rajasthan, the Supreme Court notes discrepancies in the qualifications advertised versus those required by university ordinances—Despite this, the court refrains from overturning the selections due to the candidates' years of service since appointment—However, it issues guidelines to prevent future irregularities, emphasizing adherence to advertised qualifications, scrutiny based on application submission date, and transparent relaxation of minimum requirements—Additionally, it mandates the preservation of selection committee minutes and reasons for relaxation, warning against destruction of records—While dismissing the petition, the court directs the University to follow these...

Civil Procedure Code, 1908 (CPC) — Order 40, Rule 1 — Appeal concerns the appointment of a Receiver for properties subject to a family dispute — Properties originating from a princely state accession were contested between family members — The Court ordered the appointment of an Administrator for properties listed in the plaint, to prevent dissipation or disposal, considering alleged breaches of injunction — The Administrator is granted powers akin to a Receiver, tasked with managing and safeguarding the properties, including engaging necessary professionals — Remuneration is set at Rs — 20,000 per month, subject to review — The Court adjourned to facilitate agreement on the Administrator's appointment, with provision for Court nomination if consensus fails — The appellant is direc...

Constitution of India, 1950—Article 12, Article 14, Article 16—All individuals governed by the original scheme must ordinarily receive the benefits of such changes—If the State wishes to deny these benefits to a particular group, it must provide justification in line with Article 14 of the Constitution, demonstrating that the denial is based on sound reasons rather than arbitrary decisions—The fundamental principle is that when the State revises or liberalizes a pension scheme to enhance social security for pensioners, it should not selectively grant these benefits by creating an artificial cut-off line without rational justification—Such arbitrary exclusion undermines the intended social security objectives and violates principles of equality—The State must ensure that any differentiation in the applic...

Constitution of India, 1950—Articles 14 and 136—Appointment —Uttar Pradesh, stemming from a High Court judgment—The Court's order dated October 13, 1987, directed the State to employ all involved teachers, regardless of their recruitment year—Subsequent efforts by the Department to accommodate teachers resulted in further legal actions, including a stay from the Allahabad High Court and subsequent Supreme Court directives on November 21, 1988, and January 25, 1989—The Court ultimately affirmed the Department's January 5, 1989 order, allowing three respondents and one other teacher to remain at Kankhal, and posting two teachers, Smt. Mithilesh Kumari Gaur and Smt. Surjeet Kaur, to neighboring districts—Future vacancies at Kankhal were to prioritize their return—Directions for spe...

Constitution of India, 1950—Article 136, Article 162, Article 166(3)—Sikkim Government's special recruitment for the State Civil Service in 1981/82, citing service exigencies, was challenged for allegedly violating the Sikkim State Civil Service Rules, 1977—The High Court quashed the selection—However, the Supreme Court overturned this decision, noting the Rules' inoperability due to the non-existence of the Public Service Commission—The State's executive power, governed by Article 162 of the Constitution, was invoked to issue the recruitment notification, considering the prolonged unworkability of the Rules—The Court held that the State's action, though labeled under Rule 4(3), was validly exercised under executive power—Moreover, post-constitution of the Sikkim Public Service Com...

Constitution of India, 1950—Article 16, Article 226—Appointment—This case, examined whether a candidate who appeared in a competitive examination and was placed on the merit list had an indefeasible right to government service if vacancies existed—The appellant, initially allocated to a lower-ranked service, contended that subsequent vacancies in the higher-ranked service should have been offered to him—The Court held that mere inclusion in the merit list did not guarantee appointment, and the State was not obligated to fill all vacancies—It emphasized that decisions regarding appointment must be bona fide and non-arbitrary—The appellant's claim of arbitrary denial of vacancies was rejected after a thorough examination of records—The Court upheld the policy of filling reserved vacancies ...

Dr. Arun Kumar Agrawal and the State of Bihar appealed against a Patna High Court judgment concerning appointments for the post of Assistant Professor in Neurosurgery at Patna Medical College and Hospital—The dispute arose from a panel prepared by a Selection Committee, with Dr. Agrawal ranked first. Dr. Chandra Mohan Jha challenged the panel, alleging that candidates above him did not meet the minimum eligibility criteria—The High Court ruled in favor of Dr. Jha, citing interpretations of the advertisement's clauses—However, the Supreme Court held that Dr. Agrawal, with an M.Ch. degree in Neurosurgery, rightfully deserved precedence over Dr. Jha's M.S. in General Surgery—The Court highlighted the exceptional nature of super specialities and upheld Dr. Agrawal's appointment—Consequently, the appea...

Constitution of India, 1950—Article 16—Interpretation of rules governing promotions within the Rajasthan Administrative Service—Appellants challenged amendments to the rules regarding promotion criteria, specifically regarding the creation of a Super Time scale and its impact on the definition of "highest posts." The High Court held that Super Time scale posts constitute the highest posts in the service, to be filled solely on merit—The Supreme Court affirmed this view, emphasizing the ordinary meaning of "highest posts" and the government's authority to determine post classifications—The Court noted the government's stance supporting the interpretation and declined to interfere—Consequently, promotions to Super Time scale posts are to be based on merit alone, not on seniorit...

Constitution of India, 1950—Article 316—Selection process of Punjab Civil Services officers—The Punjab and Haryana High Court quashed the selection of one candidate due to alleged bias, directing a fresh interview for him and others—However, the Supreme Court overturned this decision, ruling that the bias allegation lacked evidence and that the candidate's change of preference was valid—Consequently, the appellant's selection was upheld, and the appeal by the petitioner was dismissed. ...

Constitution of India, 1950—Article 16—Regularization of teachers' services—Interpretation of seniority—Uttar Pradesh Education Laws Amendment Act, 1977, Section 16GG—Appointments on ad hoc basis—Deemed substantive appointments from 21.4.1977—Dispute over seniority between teachers—Regulation 3(1)(b) of Regulations under Act governs—Seniority determined by substantive appointment date—Appellant and respondent both deemed appointed substantively on same date—Appellant's seniority upheld due to older age, per regulation. ...

Andhra Pradesh Administrative Tribunal, directing the appellant's seniority as a sub-inspector of Police (Civil) to be counted from the date of his direct recruitment, dismissing the contention that he was transferred from the post of Reserve Sub-Inspector of Police—The Tribunal, supported by the impugned Government order, found the appellant was directly recruited, evidenced by his selection process and confirmation after probation—Although the appellant did not resign from his previous post and received his last pay from it, these factors did not negate his direct recruitment—The Supreme Court upheld the Tribunal's decision, affirming the appellant's direct recruitment and the computation of his seniority from that appointment date—The appeal was dismissed without costs, clarifying it wouldn't aff...

Andhra Pradesh Police Subordinate Service Rules, 1966—Rule 15, Rule 2—Andhra Pradesh Administrative Tribunal, Hyderabad, the Supreme Court held that the appellant was appointed to the post of Sub-Inspector of Police (Civil) as a direct recruit, not by transfer—Despite certain circumstances indicating a transfer, the appellant underwent the entire selection process for direct recruitment, including written and viva voce tests, and was confirmed after a probationary period—Therefore, the appellant's seniority was to be computed from the date of his appointment as a direct recruit—The appeal was dismissed, with no order as to costs, and it was clarified that the judgment would not affect the appellant's present position or emoluments. ...

Constitution of India, 1950—Article 16—Delhi Police (Appointment and Recruitment) Rules, 1980—Rule 30, Rule 32, Rule 9—A dispute arises from a writ petition filed in the Delhi High Court seeking appointment as police constables—The petitioners, sons of Delhi policemen, relied on a relaxation order allowing for lower qualifications—The High Court ruled in their favor, but the Division Bench overturned it—The appellants challenged this decision—The Supreme Court found that the Punjab Police Rules ceased to be in force upon the enactment of new rules—Additionally, the preferential treatment based on descent violated Article 16 of the Constitution—Thus, the relaxation order was deemed invalid, and the appellants' claim was dismissed—However, existing appointments under rela...

Civil Procedure Code, 1908 (CPC)—Section 35—A scheduled caste candidate, who secured a high position in the merit list for promotion to the post of Sub-Inspector of Delhi Police, was denied appointment due to a controversial reservation ruling—Following a Supreme Court decision granting reservation benefits to another candidate in a similar situation, the petitioner sought redress—Despite having crossed the age limit of 30 years, the petitioner contended that departmental instructions allowed relaxation of the age limit up to 35 years for scheduled caste candidates—As the respondent did not dispute these instructions, the petitioner's application could not be rejected solely based on age—The court ruled in favor of the petitioner, emphasizing the injustice endured and ordering immediate appointment ...

Constitution of India, 1950—Article 14, Article 16—High Court of Patna's decision in Civil Writ Jurisdiction Case No. 1449 of 1984, where the appellant sought inclusion in the Bihar Judicial Service's 19th Competitive Examination results—The appellant, having secured 416 marks including viva voce, was excluded despite others with lower scores being appointed—The contention centered on the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955, specifically Rule 15(a) regarding qualifying marks—The Supreme Court found that the Commission had discretion to set qualifying marks, consulting the High Court, and had fixed 38% for unreserved candidates—Despite this, the appellant was excluded based on an erroneous belief that 40% was required—The Court ruled in favor of the appellant, di...

Appointment—Medical graduates from Orissa, who completed their M.B.B.S. and Resident House Staff appointments, challenged the requirement for a separate entrance examination for admission to Post Graduate courses—Originally, the scheme linked these courses without additional examinations post-Resident House Staff—Litigation ensued, resulting in various groups of petitioners seeking redress through writ petitions—The High Court initially granted relief, permitting admission without further examination, which was extended to subsequent academic sessions through interim orders—The Supreme Court addressed four groups of petitioners: those who completed their courses successfully, those provisionally admitted, those unable to secure admission due to seat unavailability, and those not covered by previous orders&mda...

Constitution of India, 1950—Article 14, Article 16—It is not mandatory to interview every candidate who has secured the qualifying marks for a position—In cases involving appointments to State Civil Services under the Punjab Civil Services (Executive Branch) Rules, 1930, if relatives of a Commission member appear for the interview, no inference of favoritism can be drawn if the Commission member abstains from participation during the relative's interview process—For State Judicial Service appointments, while conducting viva voce tests, the involvement of a retired High Court Judge as an expert by the Commission is criticized—Instead, the Commission should involve a sitting High Court Judge nominated by the Chief Justice to ensure impartiality and adherence to proper procedures—The practice of associ...

Constitution of India, 1950—Article 12—Six engineers, initially recruited under an "Employment Promotion Programme" by the Bihar State Electricity Board as trainees, faced delays in their regularization despite assurances—After completing training, they served as Assistant Engineers and Junior Engineers but were denied regular employment despite promises made at high-level meetings and through official notices—The engineers approached the High Court seeking regularization, which was denied, prompting their appeal—The Supreme Court intervened, citing principles of promissory estoppel, and directed the Board to regularize their appointments within three months—The Court clarified that while the engineers would be on probation, they would not exceed the seniority of recruits prior to 1983—I...

Constitution of India, 1950—Article 12, Article 14—Appellant, employed by Oil and Natural Gas Commission (ONGC), was terminated allegedly due to unsatisfactory work, following his active involvement in a union—Despite earlier commendations for his work, the termination lacked procedural fairness, violating principles of natural justice—The Supreme Court found the termination unjust and awarded the appellant reinstatement with Rs. 2 lakhs as backwages and compensation in lieu of reinstatement—It clarified that income tax relief under Section 89 of the Income Tax Act should be granted to the appellant for the lump-sum payment—The ruling emphasized adherence to natural justice in employment terminations and upheld the appellant's right to fair treatment despite his union activities. ...

Constitution of India, 1950—Article 12, Article 227—Guru Nanak Khalsa High School, Chandigarh, under the Punjab Aided Schools (Security of Service) Act, 1969—The Court found that despite receiving 95% funding from the government, the school terminated the Headmaster and a Drawing Teacher citing contractual agreements, bypassing statutory protections—Emphasizing the school's quasi-governmental character due to substantial state funding, the Court ruled that it fell under judicial review—Criticizing the Deputy Commissioner and Commissioner's failure to scrutinize the dismissals, the Court reinstated both employees with full back-wages, citing mala fides in the dismissals and breach of statutory safeguards—The judgment highlighted the obligation to uphold statutory provisions over contractual terms...

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Constitution of India, 1950—Article 124, Article 136, Article 14, Article 16—Petitioners and appellants, members of the Uttar Pradesh Judicial Service in 1980, applied for direct recruitment to the Uttar Pradesh Higher Judicial Service, claiming eligibility based on their prior 7 years of bar practice—Their eligibility was contested, leading to the dismissal of their writ petitions by the Allahabad High Court and subsequent appeal to the Supreme Court—The Supreme Court upheld the dismissal, affirming that under Article 233 of the Constitution, there is a clear distinction between two sources of recruitment for District Judges: those already in judicial service and those not in service but with 7 years of bar practice—The Court emphasized that judicial service members are ineligible for direct recruitment as D...

Constitution of India, 1950—Article 16—Promotion—Consideration of Annual Confidential Report (ACR): Under Article 16 of the Constitution of India, in matters of promotion, an Annual Confidential Report (ACR) written by a person competing for promotion cannot be considered—This ensures impartiality and prevents conflicts of interest in the evaluation process for higher posts within government service. Himachal Pradesh Health Service Rules, 1974—Rule 2(g)—Appointment Process: Rule 2(g) of the Himachal Pradesh Health Service Rules, 1974, prohibits the hasty completion of the selection process, indicating possible undue influence from higher authorities—This rule underscores the requirement for fair and deliberate procedures in appointments, highlighting concerns over rushed decision-making influen...

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Constitution of India, 1950—Article 224(1)—Appointment—Delhi High Court Judges' terms, pending a final decision on constitutional issues raised in the writ petition—Highlighting concerns over potential mala fide and unconstitutional decision-making, the Court considers interim relief crucial amid mounting court arrears and uncontroverted recommendations for extension by judicial authorities—Emphasizing the inherent power to preserve judicial independence, the Court postpones final disposition to allow deeper investigation into tenure rights under Article 224(1) of the Constitution—The decision underscores judicial discretion in granting interim measures during interlocutory stages to uphold fairness and constitutional principles. ...

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Rajasthan Service of Engineers (Irrigation Branch) Rules, 1954—Rule 27—Appointment—Division Bench judgment reversing a Single Judge's decision that had favored the appellant, who was reverted from his position as an officiating Assistant Engineer—The appellant, appointed temporarily in 1949 and promoted in 1959, challenged his reversion and the appointment of 76 Assistant Engineers made on January 8, 1968—The Single Judge had quashed these appointments, citing a prior decision in Guman Singh v. State of Rajasthan, which invalidated a circular used for promotions—The Division Bench overturned this, but the Supreme Court found the appointments did not fall under Rule 27 of the Rajasthan Service of Engineers Rules, which addresses temporary appointments, as they were permanent promotions—The Cour...

Mysore Education Department Services (Technical Education Department) (Special Recruitment) Rules, 1967—Constitution of India, 1950—Articles 162 and 309—Recruitment and Appointment—Validity and Regularization.Under the Mysore Education Department Services (Technical Education Department) (Special Recruitment) Rules, 1967, proper procedures and materials are essential for direct recruitment, as mandated by Articles 162 and 309 of the Constitution of India—Article 162 outlines the extent of executive power, while Article 309 provides for the regulation of recruitment and conditions of service for government employees—The Supreme Court emphasized that any appointment made in violation of these rules is invalid and cannot be regularized later—This principle reinforces the necessity for adherence to pr...

Constitution of India, 1950—Article 311—Appointment—Termination of services of government employees appointed temporarily to posts later declared substantive—The key issue was whether the conversion of temporary posts into permanent ones also conferred permanent status on the employees holding those posts—The Court held that the mere conversion of a post from temporary to permanent did not grant the incumbent a permanent status or additional rights—The substantive status previously granted to the temporary appointments was limited to specific benefits such as increments during leave and did not equate to permanent appointment for all purposes—The Court upheld the validity of the terminations by providing notice, affirming the earlier decision in State of Nagaland v. G. Vasantha—Although reco...

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