JAI NARAIN MISRA versus STATE OF BIHAR & ORS.

JAI NARAIN MISRA versus STATE OF BIHAR & ORS.

Selection to the post of Director of Agriculture is a matter of merit and suitability alone, seniority has no application, and the 1935 rules are not superseded by the 1945 rules, hence the High Court's interference was unjustified.

Parties
Appellant: Jai Narain Misra; Respondent: State of Bihar; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
15 September 1970
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate From Judgment and Order of Patna High Court
Outcome
Appeal allowed; High Court order set aside and writ petition dismissed.
Legal Topics
Appointment by Selection, Seniority, Role of Public Service Commission, Application of Service Rules
Service Law Administrative Law Appointment by Selection Seniority Role of Public Service Commission Application of Service Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jai Narain Misra

Appellant

State of Bihar

Respondent

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate From Judgment and Order of Patna High Court

Legal Issues

  1. 1 Whether the post of Director of Agriculture is a selection post and appointment thereto is based solely on merit and suitability, not seniority
  2. 2 Whether the 1935 rules or the 1945 rules regulate the appointment to the post
  3. 3 Whether the High Court was justified in interfering with the selection process

Ratio Decidendi

Selection to the post of Director of Agriculture is a matter of merit and suitability alone, seniority has no application, and the 1935 rules are not superseded by the 1945 rules, hence the High Court's interference was unjustified.

Court Disposition

Appeal allowed; High Court order set aside and writ petition dismissed.

Orders

  • No order as to costs in this appeal.