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 Dismissed |
Headnote | Issue for consideration: Whether the appellant who qualifi ed in the selection process for appointment to the higher judicial service of the State under the direct recruitment quota is entitled to be selected against a vacancy caused by resignation of one of the selected candidates.Service law – Appointment to the higher judicial service of the State under the direct recruitment quota - Appellant qualifi ed the selection process but was not appointed – Appointment sought against the vacancy which arose on resignation of one of the selected candidate – Appellant could not be appointed as he was at serial no. 14 of the merit and the posts available were only 13 – Justifi cation:Held: If one of the selected candidates joins and then resigns, it gives rise to a fresh vacancy which could not have been fi lled up without issuing a proper advertisement and following the fresh selection process – Appellant did not acquire any indefeasible right to be appointed because he qualifi ed in the selection process and the Rules do not oblige the State to fi ll up all the vacancies advertised – Respondent-State have justifi ed the appointments and have not acted in an arbitrary manner – They acted fairly and logically without any malice against the appellant – Furthermore, selection was initiated in the year 2007 and 16 years have passed since then – It would be a travesty of justice to keep open the selection process for such a long time and to direct at this stage to make any appointment on the basis of a selection process initiated so far back – Thus, not proper to interfere with the impugned judgment and order of the High Court. |
Judge | Hon'ble Mr. Justice Pankaj Mithal |
Neutral Citation | 2023 INSC 842 |
Petitioner | Sudesh Kumar Goyal |
Respondent | State Of Haryana & Ors. |
SCR | [2023] 12 S.C.R. 414 |
Judgement Date | 2023-09-21 |
Case Number | 10861 |
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