Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law – Appointment – Advertisement issued in 2004 for appointment to 1510 posts of Sub-Inspector in the State of Bihar – Several rounds of litigation – Result of select list of 1510+639 (vacancies added later) i.e. 2149 was declared and the appointments were made – High Court in a writ petition issued further direction to appoint 67 candidates belonging to most backward category who were wrongly left out – State appointed those 67 and to retain those who were to be displaced decided to appoint 186 more candidates – Appointment of 186 candidates challenged in High Court – Matter ultimately came to Supreme Court – 186 candidates were subjected only to medical fitness test in the process of appointment since they had already cleared the physical efficiency test in 2006 – Further, 133 candidates who had also cleared the physical efficiency test in 2006, were classified into a specific category and placed along with 186 candidates by Supreme Court and appointed under its orders by subjecting them only to medical test and not physical test – Writ petitioners herein claimed appointment in pursuance of advertisement dtd.28.06.11 for 299 posts of Sub-Inspector of Police – Petitioners sought parity with the aforesaid 133 candidates claiming they were all part of list of 223 original candidates permitted to participate in selection against 299 posts by order of Supreme Court – Held: It was made very clear that the order of this Court regarding selection and appointment of 133 candidates was passed in peculiar background of litigation in exercise of jurisdiction u/Art.142 and the same shall not be treated as a precedent – Thus, no benefit can be claimed of the said order by writ petitioners especially when otherwise they are not able to satisfy this Court that when they have either not undertaken the physical test or have failed in the physical test, why they should be given appointment as Sub-Inspector of Police at this stage – Petitioners not entitled for the reliefs as claimed in the writ petitions. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 423 |
Petitioner | Nirbhay Kumar & Ors. |
Respondent | State Of Bihar & Ors. |
SCR | [2020] 5 S.C.R. 656 |
Judgement Date | 2020-06-11 |
Case Number | 227 |
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