NDLI: Pankjeshwar Sharma and Others Vs. State of Jammu & Kashmir and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Irregular appointments Negative equality Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Irregular appointments – Negative equality –2nd Respondent-Director General of Police invited applications forthe post of Sub-Inspector of Police (Executive) in the State – The2nd respondent under its own assumption published the select listprovince wise – In the first round of litigation, the unsuccessfulcandidates filed a writ petition – In compliance of the order ofDivision Bench of the High Court, a fresh redrawn State-wise meritlist was notified which appointed 259 candidates and cancelled theappointment of 47 candidates – In the second round of litigation,the ousted candidates challenged the redrawn State-wise list – TheDivision Bench of the High Court directed that those who did notcome within the merit zone in the redrawn merit list cannot be allowedto continue – The said order was challenged in a SLP by the oustedcandidates – In the SLP, various interlocutory applications werefiled by a total of 22 candidates for their impleadment – The SupremeCourt without examining the inter se dispute of the parties and takingnote of the statement made by Advocate General of the State on itsface value accommodated all the 47 ousted candidates and 22impleaded candidates on the post of Sub-Inspector – In the thirdround of litigation, the candidates who were higher in the order ofmerit qua those 22 candidates filed writ petition on premise that thewrit petitioner were denied their ligitimate right of fair considerationbeing higher in the redrawn list vis-a-vis, the 22 candidates – TheSingle Judge of the High Court allowed the writ petition and heldthat the writ petitioners had a right of fair consideration in seekingappointment based on their order of merit – The Division Bench ofthe High Court set aside the order of the Single Judge and recordeda finding that the Supreme Court had exercised its power u/Art. 142of the Constitution – Before the Supreme Court, the appellantscontended that the appointment of 22 candidates was not legallysustainable and violative of Art.14 of the Constitution – Held: Theappointments are to be made strictly in the order of merit in terms ofthe select list prepared by the competent authority and anyappointment in contravention is in violation of Art.14 of theConstitution with a proviso that if any appointments are madedeviating from the merit drawn by the competent authority inexceptional cases as being reflected in the instant case where therewas on-going litigation and subsequent selection was also held togive quietus to the on-going litigation – The same cannot beapproved – The said appointments are irregular and cannot be heldto be illegal appointments – Further, if an appointment is madeillegally or irregularly, the same cannot be made the basis of furtherappointment and erroneous decision cannot be permitted toperpetuate further error to the detriment of the general welfare ofthe public or a considerable section – Art.14 of the Constitutiondoes not envisage negative equality – In the instant case, 22candidates have completed 12 years of service and have gainedrich experience in the field – In the given situation, the SupremeCourt is not inclined to disturb the appointment of 22 candidates –The reasoning of the High Court that appointments were made bythe Supreme Court u/Art. 142 of the Constitution is not approved.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2020 INSC 673
Petitioner	Pankjeshwar Sharma And Others
Respondent	State Of Jammu & Kashmir And Others
SCR	[2020] 13 S.C.R. 198
Judgement Date	2020-12-13
Case Number	3904

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