Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Appointment - Appointment on ten posts of teacher held unconstitutional by Supreme Court with prospective effect - 8 candidates appointed prior to cut-off- date - Claim of unsuccessful candidates for appointment to the vacant posts rejected holding that their case was covered by Supreme Court judgment - Candidates taking plea that the judgment not applicable to the vacancies remaining to be filled after the cut-off-date - Held: The Select List for the post prepared in the year 1998 since expired after one year, no appointment could be made on the basis thereof after its expiry - Candidates not liable to be appointed. The writ petition was filed by the appellants on the ground that the rules whereunder appointment to 10 posts of Physical Education Teacher Grade-Ill, since held unconstitutional, they should be appointed to the post, because their position in merit list comes at serial Nos. 6 and 9 respectively. During pendency of the writ petition, the order holding the provision unconstitutional, was upheld in *Kailash Chand Sharma's vs. State _of Rajasthan and Ors. (2002) 6 SCC 662 by Supreme Court, but the same was given prospective effect I.e. w.e.f. 18-11-1999. The writ petitions were cUsmissed by Single Judge of High Court as barred by limitation. Division Bench of High Court upheld the order stating that the case was covered by decision in *Kailash Chand Sharma's case. Hence the present appeal. In appeal to this court appellants contended that the case was not covered by *Kailash Chand Sharma's case as it covered the cases of only the employees appointed on or before 18.11.1999 and not to the vacancies remaining to be filled up thereafter, i.e. in 2003. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 68 |
Petitioner | Girdhar Kumar Dadhitch And Anr. |
Respondent | St Ate Of Rajasthan And Ors. |
SCR | [2009] 1 S.C.R. 585 |
Judgement Date | 2009-01-23 |
Case Number | 388 |
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