MAN SINGH versus COMMNR. GARHWAL MANDAL, PAURI & ORS.

MAN SINGH versus COMMNR. GARHWAL MANDAL, PAURI & ORS.

Selection having been made in accordance with rules after rectification of mistake, exception thereto cannot be taken; a candidate with long service cannot be given preference over a candidate selected as per rules; regularization of services, without proper appointment, is not permissible.

Parties
Appellant: Man Singh; Respondent: Commnr. Garhwal Mandal, Pauri & Ors.
Jurisdiction
India
Judgment Date
03 March 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Appointment/selection, Employment Exchange, Regularization, Constitutional Equality
Service Law Appointment/selection Employment Exchange Regularization Constitutional Equality

Case Brief

Summary, issues, holding and outcome

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Parties

Man Singh

Appellant

Commnr. Garhwal Mandal, Pauri & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether termination of appellant's services after deletion from selection list was valid.
  2. 2 Whether appellant acquired a right to regular appointment on grounds of long service.
  3. 3 Whether regularization is permissible without appointment as per rules.

Ratio Decidendi

Selection having been made in accordance with rules after rectification of mistake, exception thereto cannot be taken; a candidate with long service cannot be given preference over a candidate selected as per rules; regularization of services, without proper appointment, is not permissible.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs