Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Manner of Service Law Appointment to public post |
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 – On facts, initial appointment of respondent as Road Gang Mazdoor – Respondent claimed appointment to the post of Overseer on basis of her qualification – Several litigations – Pursuant to the order by the High Court, respondent appointed as Revenue Assistant – Thereafter, respondent filed writ petition seeking appointment to the post of Public Work Supervisor, which was rejected – Subsequently, she filed another writ petition – Issuance of direction by the High Court to appoint respondent as Town Planning Commissioner – Respondent sought appointment but her claim was rejected – Contempt petition by the respondent alleging disobedience wherein the appellants were told to comply with the order – On appeal, held: Possession of Diploma in Civil Engineering is not entitlement to a public post unless such post is advertised and opportunity is given to all the eligible candidates to apply for the post in terms of applicable rules – Post of Town Planning Inspector can be filled up either by way of promotion or by direct recruitment – Respondent is not in the feeder cadre for appointment to the post of Town Planning Inspector – In the absence thereof, the High Court committed illegality in directing the consideration for appointment of the respondent to the post of Town Planning Inspector – The General Rules provide for promotion for the post of Revenue Assistant to the post of Revenue Inspector but not to the post of Town Planning Inspector – Town Planning Assistant Draughtsman is the feeder cadre for promotion of Town Planning Inspector and that the Revenue Assistant is not the feeder cadre nor the respondent can claim any right to appointment only on the basis of her educational qualifications – Once the appointment to the post of Town Planning Inspector is not contemplated from amongst the Revenue Inspectors, the respondent cannot claim any parity on the basis of illegality committed by the Municipality – Thus, the directions by the High Court are wholly without any legal basis and, thus, cannot be sustained and is set aside. Constitution of India: Art. 309 – Appointment to public post – Manner of – Qualification for the post is not the criteria as any appointment to a public post cannot be made merely on the basis of possessing required educational qualifications – Any appointment to a public post can be made in the manner provided by the applicable recruitment rules in terms of law enacted u/Art. 309 or its proviso – In absence thereof, the executive instructions may also prescribe the eligibility conditions for appointment to the post. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 943 |
Petitioner | Commissioner Of Municipal Administration & Anr.v. M. C. Sheela Evanjalin & Ors. |
Respondent | M. C. Sheela Evanjalin & Ors. |
SCR | [2019] 11 S.C.R. 159 |
Judgement Date | 2019-08-22 |
Case Number | 6565 |
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