Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recruitment of Constables- Article 226 -Scope of -Writ |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Recruitment of Constables - Recruitment rallies conducted in all Districts of State of Assam - Selections challenged - Single Judge of High Court constituting a Screening Committee and on the basis of sample survey and by fixing a bench mark of 250 candidates to be interviewed per day, set aside selection of fifteen Districts mainly on the ground of enormous number of candidates appearing for interview per day- Division Bench allowed appeals with regard to 4 Districts and affirmed quashing of selection in respect of remaining Districts - Appeals against quashing of selection in three Districts - HELD: Single Judge of High Court had expressed his satisfaction with procedure adopted - No deviation from rules or no inherent defect in selection process which would render whole selection illegal have either been alleged or proved - Instead of testing the matter in the light of ground realities for each District on the basis of material on record, a mere expression of doubts only on the ground of large number of candidates appearing for interview cannot by itself render the whole selection process illegal - Fixing of bench mark of 250 candidates for interview per day was not proper - Judgments of single Judge and Division Bench of High Court in so far as they pertain to selection of three Districts concerned are set aside- Constitution of India - Article 226.Recruitment of Constables- Allocation of 50 marks for viva voice - Marks further sub-divided into six factors specifying 20 marks for oral test - Held : Such scheme cannot be found fault with -Besides, it would be only for the State Government to fix standards for viva voice - Administrative Law.Constitution of India, 1950:Article 226 -Scope of -- Writ petitions by unsuccessful candidates challenging selection of Constables held during recruitment rallies in State of Assam - Single Judge of High Court constituting a Screening Committee - On basis of "sample survey" Single Judge setting aside selection of 15 Districts- HELD: In such a writ petition roving inquiry on factual aspects is not permissible - While testing fairness of selection process wherein thousands of candidates were involved, High Court should have been slow in relying upon findings of Screening Committee-- Going into microscopic details, not via pleadings of parties but on basis of unnecessary investigation, cannot be approved - It was not for the High Court to place itself into the position of a fact finding Commission that too at the instance of unsuccessful candidates - Exercise undertaken by scrutinizing the marks allotted to candidates was unnecessary and unwarranted since no such assertions were made in writ petitions - High Court should have restricted itself to pleadings in writ petitions and counter affidavits - High Court' substituted itself for Selection Committee and in the process assumed the role of appellate tribunal which was not proper-Administrative Law - Selection Process - Interference with - Pleadings.Article 226 - Writ petitions challenging recruitment of a large number of constables - Selected candidates not made parties - High Court advertising the dates of hearing of writ petitions without impleading the selected candidates as parties - Held: The course adopted by High Court not proper- Even those who appeared before the High Court were not supplied copies of writ petitions in time - This amounted to denial of opportunity of hearing to selected candidates -Administrative Law - Principles of Natural Justice - Practice and Procedure. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2008 INSC 263 |
Petitioner | Sadananda Halo & Others |
Respondent | Momtaz Ali Sheikh & Ors. |
SCR | [2008] 3 S.C.R. 497 |
Judgement Date | 2008-02-27 |
Case Number | 1609 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |