Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950: Art. 32 - Writ of quo warranto CONSTITUTION OF INDIA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | CONSTITUTION OF INDIA, 1950:Art. 32 - Writ of quo warranto - Appointment to public office - Held: Before a person can effectively claim a writ of quo warranto, he has to satisfy the court that the office in question is a public office and is held by a usurper without legal authority, and that inevitably would lead to an enquiry as to whether the appointment of the alleged usurper has been made in accordance with law or not - For issuance of writ of quo warranto, the court has to satisfy that the appointment is contrary to the statutory rules and the person holding the post has no right to hold it.Arts. 14 and 16 - Public employment - Held: Transparency in public employment is an important requirement - Advertisement must specify the number of posts available for selection and recruitment - The qualifications and other eligibility criteria for such posts and schedule of recruitment process should be published with certainty and clarity as also the rules/procedure under which the selection is likely to be undertaken - Any appointment even on temporary or ad hoc basis without inviting applications is in violation of Arts. 14 and 16 and even if the names of candidates are requisitioned from Employment Exchange, in addition thereto, it is mandatory on the part of employer to invite applications from all eligible candidates from open market.Arts. 229 and 235 r/w Arts. 14 and 16 - Appointments of staff in High Courts and courts subordinate thereto - Held: Appointments in judicial institutions must be made on the touchstone of equality of opportunity enshrined in Art. 14 r/w Art. 16 and under no circumstance any appointment which is illegal should be saved - Employment whether of Class IV, Class Ill, Class II or any other class in High Courts or courts subordinate to it, fall, within the definition of "public employment" - Such an employment, therefore, has to be made under rules and orders of competent authority - Power of appointment granted to the Chief Justice under Art. 229 (1) is subject to Art. 16 (1), which guarantees equality of opportunity for all citizens in matters relating to employment - As a safeguard, the Constitution has also recognized that in the internal administration of High Court, no other power, except the Chief Justice should have domain - In order to enable a judicial intervention, it would require only a very strong and convincing reason to show that this power has been abused.Art.229 - Appointment to posts in High Court and courts subordinate thereto - Held: High Court is a constitutional and an autonomous authority subordinate to none - Therefore, nobody can undermine the constitutional authority of High Court and, as such, Supreme Court can only advise the High Court that if its rules are not in consonance with the philosophy of the Constitution, the same may be modified and no appointment in contravention thereof should be made - It is necessary that there is strict compliance with appropriate Rules and the employer is bound to adhere to the norms of Arts. 14 and 16 before making any recruitment - In order to control the menance of adhocism methodology to make appointments in High Courts and courts subordinate thereto suggested and directions given in this regard -High Courts may also examine the desirability of centralized selection of candidates for subordinate courts, and to formulate the rules to carry out the purpose - Constitutional law - Independence of judiciary. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 95 |
Petitioner | Renu & Ors. |
Respondent | District & Sessions Judge, Tis Hazari & Anr. |
SCR | [2014] 2 S.C.R. 537 |
Judgement Date | 2014-02-12 |
Case Number | 979 |
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