Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment for the posts of Assistant Prosecuting Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Appointment for the posts of Assistant Prosecuting Officer through Union Public Service Commission-Recommendations made by the Commission in piece-meal-Some of the candidates having not joined the service, State Government requisitioned some candidates from the waiting list-Commission refused to send additional names on the ground that waiting list had lapsed- Challenge to-Rejected by High Court-On appeal, Held: On the one hand, the State Government taking the stand that validity period of the waiting list has to be counted from the date of last recommendation for getting additional names from waiting list, on the other hand it included the vacancies in afresh requisition leading to the Commission holding fresh Selection Test-State Government should not have included the unfilled posts in its requisition and Commission should have asked the State Government reasons as to inclusion of these vacancies-Career of candidates cannot be jeopardized due to the inconsistency/varying stands taken by the State Government and the Commission-The State Government and the Commission to reconsider the case of appointment of the candidates if found eligible for the post-In the facts and circumstances of the case, it would be equitable and just to count validity period of the waiting list from the last recommendations-Directions issued. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 110 |
Petitioner | Sheo Shyam And Ors. |
Respondent | State Of U.p. And Ors. |
SCR | [2004] 2 S.C.R. 406 |
Judgement Date | 2004-02-16 |
Case Number | 1035 |
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