JATINDER KUMAR & ORS versus STATE OF PUNJAB & ORS.

JATINDER KUMAR & ORS versus STATE OF PUNJAB & ORS.

Selection and recommendation by the Board for anticipated vacancies do not create an enforceable right to appointment; the Government may choose whether or not to accept recommendations based on available vacancies, and Article 320(3) is directory. Non-appointment does not violate Articles 14 and 16, nor is promissory estoppel applicable; there was no malafide conduct shown.

Parties
Appellant: Jatinder Kumar; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
28 September 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Recruitment to Public Posts, Mandamus, Promissory Estoppel, Public Service Commission Recommendations
Constitutional Law Administrative Law Public Employment Recruitment to Public Posts Mandamus Promissory Estoppel Public Service Commission Recommendations

Case Brief

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Parties

Jatinder Kumar

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether selection for recruitment against anticipated vacancies by the Subordinate Service Selection Board creates an enforceable right to appointment
  2. 2 Whether non-appointment amounts to malafides and violates Articles 14, 16, and principles of promissory estoppel
  3. 3 Interpretation of Article 320(3) of the Constitution: mandatory or directory

Ratio Decidendi

Selection and recommendation by the Board for anticipated vacancies do not create an enforceable right to appointment; the Government may choose whether or not to accept recommendations based on available vacancies, and Article 320(3) is directory. Non-appointment does not violate Articles 14 and 16, nor is promissory estoppel applicable; there was no malafide conduct shown.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; parties to bear their own costs.