Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Competitive examination Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Appointment/selection - Competitiveexamination - UPSC recommended names of candidates forappointment - 6 vacancies remained unfilled because 6 ofthe recommended candidates did not join - UPSC wasapproached to recommend names for the 6 vacancies -UPSC recommended only 3 names - Two candidates whowere next in the merit list and had secured same marks assecured by one of the 3 recommended candidates,challenged the act of UPSC in non-recommending theirnames - Courts below dismissed their claim - On appeal,held: Though a person included in the select list, does notacquire any right to be appointed - But the decision of theGovernment not to fill up the advertised vacancies should notbe arbitrary or unreasonable - In the instant case, decisionof UPSC in forwarding 3 names against the requisition for 6 .vacancies was inappropriate - Exclusion of the names of theappellants, even when the vacancies were available, has resulted in discrimination - Constitution of India, 1950 -Articles 14 and 16 - Office Memorandum dated 14th July,1967 - Clause 4(c). |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 532 |
Petitioner | Manoj Manu & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2013] 10 S.C.R. 8 |
Judgement Date | 2013-08-12 |
Case Number | 6707 |
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