AMRIT YADAV versus THE STATE OF JHARKHAND AND ORS.

AMRIT YADAV versus THE STATE OF JHARKHAND AND ORS.

The advertisement dated 29.07.2010 was invalid for failing to specify total posts and reservation details and for lacking procedural clarity, rendering the recruitment process and resultant appointments nullities; accordingly the High Court was justified in directing preparation of a fresh panel without hearing incumbents because the appointments were void ab initio; the advertisement and consequential proceedings are quashed and the State must re-advertise and re-conduct recruitment in accordance with law with suitable age relaxation.

Parties
Appellant Employee: Amrit Yadav; Respondent(s): The State of Jharkhand and Ors.
Jurisdiction
India
Judgment Date
09 February 2025
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against Judgments of the High Court of Jharkhand
Outcome
Appeals disposed of; appeals dismissed
Legal Topics
Article 14, Article 16, Validity of Advertisement, Appointment Process, Principle of Natural Justice, Reservation in Public Employment, Quashing of Recruitment
Constitutional Law Administrative Law Service Law Article 14 Article 16 Validity of Advertisement Appointment Process Principle of Natural Justice +2 more

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Parties

Amrit Yadav

Appellant Employee

The State of Jharkhand and Ors.

Respondent(s)

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against Judgments of the High Court of Jharkhand

Legal Issues

  1. 1 Whether the advertisement dated 29.07.2010 issued by respondent no.4 and appointment process carried out in pursuance thereof was valid in law
  2. 2 Whether the High Court's direction dated 12.09.2018 to prepare a fresh panel was justified despite candidates earlier appointed not being impleaded or heard

Ratio Decidendi

The advertisement dated 29.07.2010 was invalid for failing to specify total posts and reservation details and for lacking procedural clarity, rendering the recruitment process and resultant appointments nullities; accordingly the High Court was justified in directing preparation of a fresh panel without hearing incumbents because the appointments were void ab initio; the advertisement and consequential proceedings are quashed and the State must re-advertise and re-conduct recruitment in accordance with law with suitable age relaxation.

Court Disposition

Appeals disposed of; appeals dismissed

Orders

  • The advertisement dated 29th July, 2010 and all consequential proceedings conducted in pursuance thereof are quashed for being violative of Articles 14 and 16 and judicial precedents
  • All appointments made in furtherance of the High Court direction dated 12th September, 2018 with respect to the subject posts are quashed