Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Selection – Selection process – Fraud collusion and manipulation |
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 – Selection process – Fraud, collusion and manipulation – Post of full-time College Lecturer in Urdu subject – Single Judge of High Court in a writ petition set aside the appointment of appellant, finding it to be vitiated by fraud and manipulation and thereafter passed an order directing to forward necessary documents and proposals to the concerned authorities for purpose of appointing respondent no.10-original writ petitioner – Judgment of Single Judge confirmed by Division Bench of High Court in writ appeal – Whether after holding the appointment of appellant to be not valid, the High Court could have thereafter directed for appointment of respondent No.10-original writ petitioner – Held: Once the entire selection process was found to be vitiated due to fraud, collusion and manipulation, thereafter the Single judge of High Court ought to have passed the order for a fresh selection after following the due process of selection as required – Moreover, respondent no.10 is also seeking appointment pursuant to the very selection process/recruitment process which is found to be fraudulent and suffers from manipulation of record – Under the circumstances, direction issued by the Single Judge, which was not interfered with by the Division Bench directing to forward the documents of respondent No.10 to consider his case for appointment is unsustainable – Fresh selection process be initiated for filling up the post of Urdu Lecturer after following due process under supervision of respondent No.2-Commissioner of Collegiate Education. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 548 |
Petitioner | Reshma Sultana |
Respondent | The State Of Karnataka & Ors. |
SCR | [2022] 3 S.C.R. 184 |
Judgement Date | 2022-05-10 |
Case Number | 3484 |
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