Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Recruitment - As per a Circular, 33 % of the posts of officers filled by promotion - Advertisement for recruitment - Later circular specifying filling up of the posts of officers 50% by direct recruitment and 50% by promotion - By an interim order of Court, recruitment restricted to 50% - Select List for filling 35 posts - 26 posts whereof meant for general category - A general category candidate, placed at 47th position in the List, filing Writ Petition, seeking appointment - Allowed by High Court, giving the relief to the challenging candidate alone - On appeal, held : The candidate was not entitled to the relief - Selection and finding place in the Select List, by itself does not confer legal right to be appointed - The act of the Bank cannot be said to be arbitrary - Appointments were made in confirmation with the policy of Central Government and NABARD - Bank as a State cannot be asked to appoint the candidate, ignoring the candidates whose names appeared higher on the List - Constitution of India, 1950 - Articles 12 and 14.Judicial review - In the matter of appointment - Permissibility of - Held: Court should not interfere with the right to make appointment by an employer, unless its action or inaction is wholly arbitrary so as to offend Article 14 of the Constitution - Constitution of India, 1950 - Articles 14 and 226.Appellant-Bank was governed by Regional Rural Bank Act, 1976 and functioned under instructions and control of National Bank for Agriculture and Rural Development (NABARD) and Central Government. Under a Circular dated 6.2.1984 by NABARD, 33% staff bad been promoted for the post of officer. Thereafter advertisement was issued for direct recruitment. Exact numbers of posts were not mentioned therein. Thereafter NABARD issued another Circular dated 31.12.1984 mentioning therein that 50% of the vacancies of the officers were to be filled up by direct recruitment and 50% by promotion. In the meantime, the promotees filed a Writ Petition, challenging the selection process of the direct recruits. By an interim order therein, appellant-Bank was restricted to make appointments in proportion for the quota of direct recruits. Ultimately the writ Petition was dismissed as infructuous. Bank published a select list for filling up 35 vacancies. The respondent was placed therein at 47th position in the category of general candidates. Out of the 35 vacancies only 26 were to be filled up from general category. Life of the panel was only for one year as fixed by Circulars by the Ministry of Finance. Bank's application for extension of life of the panel was declined by NABARD. However, the Bank appointed a few candidates in the 50% quota after one year.Respondent filed Writ Petition seeking his appointment on the ground that quota for direct recruits should have been 67% as per the circular dated 6.2.1984 and not 50% and hence act of the Bank of not making appointments on the basis of select list was arbitrary. High Court held that by the Circular dated 6.2.1984 only 33% of the posts were filled up by promotion; that Bank stopped the selection process mid-way arbitrarily to pick the persons of its preference; that delay in filing the Writ Petition was due to conduct of the Bank in delivering him all the information; and that the respondent (herein) alone was entitled to relief of appointment as no other candidate approached the Court. Hence, the present appeal.Respondent contended interalia that all the 70 posts were meant to be filled up only by direct recruitment. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 958 |
Petitioner | Arya Vrat Gramin Bank |
Respondent | Vijay Shankar Shukla |
SCR | [2007] 10 S.C.R. 593 |
Judgement Date | 2007-09-20 |
Case Number | 6672 |
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