NDLI: Vivek Kaisth & Anr Vs. The State of Himachal Pradesh & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Recruitment
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Issue for consideration: The names of the two appellants herein were included later in the final selection list vide notification dated 27.12.2013 issued by the State Government. The High Court has held these two selections, and consequently the appointments to be illegal and these have been quashed. This Court has to examine the validity of the selection and appointment of these two appellants to the post of Civil Judge (Junior Division), and whether they should now be unseated from their judicial office. Service Law – Recruitment – Advertisement – An advertisement was issued on 01.02.2013 whereby the State Commission invited applications against the eight vacancies for the post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service – After examination, final list was declared – Names of the two appellants herein were included later – High Court held these to selections illegal – Propriety:Held: The position of law as it stands, once clear and anticipated vacancies have been advertised, appointments can only be made on these vacancies – Vacancies which could not be anticipated before the date of advertisement, or the vacancies which did not exist at the time of advertisement, are the vacancies for the future i.e., next selection process – In the instant case, it is clear that the appointment of the appellants was made on posts which were not advertised and in fact did not even exist at the time when the advertisement was made – The anomaly made in the selection/ appointment of these two candidates is quite apparent – The findings of the High Court were right – However, what the High Court missed was the context, the facts and the circumstances of the case – The two appellants have already served as Judicial Officers for nearly 10 years – Meanwhile, they have also been promoted to the next higher post of Civil Judge (Senior Division) – In this process of their selection and appointment, nothing was brought to notice of this Court which may suggest any favouritism, nepotism or so-called blame as to the conduct of these two appellants, in securing these appointments – What the High Court never answered was as to how much of this blame of “illegal” selection and appointment would rest on the High Court (on its administrative side) – Though undoubtedly the Commission as the selecting authority must ultimately bear the brunt, yet the blame must be shared equally by the State Government and the High Court – The judicial officers in question now have a rich experience of 10 years of judicial service behind them – Therefore, unseating the present appellants from their posts would not be in public interest – The appellants were appointed from the list of candidates who had successfully passed the written examination and viva voce and they were in the merit list – For the reasons stated above, in order to do complete justice and in exercise of powers u/Art. 142 of the Constitution of India, the order of the High Court as far as it quashes the selection and appointment of the appellants is set aside. [Paras 28, 29, 31,32,36,37]
Judge	Hon'ble Mr. Justice Sudhanshu Dhulia
Neutral Citation	2023 INSC 1007
Petitioner	Vivek Kaisth & Anr
Respondent	The State Of Himachal Pradesh & Ors
SCR	[2023] 16 S.C.R. 613
Judgement Date	2023-11-20
Case Number	6233-6234

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