Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Selection – Haryana Public Service Commission (PSC) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Selection – Haryana Public Service Commission (PSC) advertised for post of Assistant Professor – Appellant who was JBT Teacher in Education Department applied for the said post – As per advertisement, candidate was required to submit NOC from its appointing authority, at the time of interview – He applied for issuance of NOC from the authority – He successfully appeared in written examination – At the time of interview, he had to submit the NOC – Appellant sent reminders to the authority but he was not issued NOC – He filed writ petition – By way of interim order, High Court directed to allow him to appear in interview – He was provisionally interviewed and his result was kept in sealed cover – Meanwhile, when matter came up for hearing in High Court, the sealed cover was opened and it was found that appellant had obtained marks higher than the last candidate selected – Thereafter, result of final selection was declared – PSC did not appoint him in absence of NOC – Prior to the appointment orders, appellant received NOC from the authority and submitted with the PSC – Despite that he was not appointed – High Court dismissed writ petition filed by him – On appeal, held: Once it is found that there was no lapse and/or delay on the part of the appellant and/or there was no fault of the appellant in not producing the NOC at the relevant time and when it was produced immediately on receipt of the same and that too before the appointments were made and when it was found that the appellant was a more meritorious candidate than the last candidate appointed, to deny appellant the appointment was not justifiable at all – He cannot be punished for no fault of him – As regards respondent no.4, he was appointed after following due procedure of selection – There was no fault on part of respondent no.4 when he was appointed and thereafter, he continued in service for three years – Therefore, it would not be justifiable, to disturb him at this stage – In the peculiar facts and circumstances of the case, in exercise of the powers under Art.142 of the Constitution of India, to do substantial justice, it is directed that while appointing the appellant on the post of Assistant Professor, respondent No.4 may not be disturbed – The State Government is directed to continue respondent No.4 and he be accommodated on any other vacant post of Assistant Professor – Constitution of India – Art.142. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 59 |
Petitioner | Narender Singh |
Respondent | The State Of Haryana & Ors. |
SCR | [2022] 1 S.C.R. 311 |
Judgement Date | 2022-01-18 |
Case Number | 321 |
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