NDLI: State of U.p. & Ors. Vs. Rakesh Kumar Keshari & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Articles 14 and 226-Writ Petition challenging order
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	CONSTITUTION OF IND/A, 1950:Articles 14 and 226-Writ Petition challenging order of state Government by which it returned the panel list of candidates for appointment of Assistant District Government Counsel (Criminal) to District Magistrate and directed him to re-advertise the posts-High Court setting aside the order of the Government and directing the Government to make the appointments from the panel submitted by District Magistrate-Held: In the matter of engagement of A.D.G.C. (Criminal) a concept of public office does not come into play. The choice is that of the Government; and none can claim a right to be appointed because it is a position of great trust and confidence-The directions given by the High Court in the impugned Judgement run contrary to the we/I-settled principles of law and, therefore, cannot be upheld - The Judgrment of the High Court is set aside.JUDICIAL REVIEW·Appointment/renewal of Assistant District Government Counsel (Criminal) - Judicial review of-Principles explained-Recommendation by District Magistrate and the District Judge to renew the term of two incumbents- Government asking the District Magistrate to advertise the posts-Posts advertised and two incumbents also applied- Two panel lists sent by the District Judge submitted by District Magistrate to Government-Government asking the District Magistrate to re advertise the posts-In the writ petition. filed by the two incumbents High Court setting aside the order 'of State Government and directing it to make the appointments from the lists sent by District Magistrate-Held: In view of provisions of para 7.06, 7.07 and 21.07 of the L.R. Manual and in view of poor performance of the incumbents the decision of the State Government not to accept the· recommendation of the District Magistrate cannot be said to· be arbitrary~ The right of the State Government to engage, disengage and renew the term of its counsel and Law Officers. in keeping with the need to best safeguard the public interest and monetary considerations, suitability of the incumbent and the interest of the Government as the client, will have to be upheld-L.R. Manual-Para 7.06, · 7.07 and 21.07.
Judge	Hon'ble Mr. Justice J.M. Panchal
Neutral Citation	2011 INSC 352
Petitioner	State Of U.p. & Ors.
Respondent	Rakesh Kumar Keshari & Anr.
SCR	[2011] 5 S.C.R. 1060
Judgement Date	2011-05-04
Case Number	3935

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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