PREM SINGH AND ORS. ETC. ETC. versus HARYANA STATE ELECTRICITY BOARD AND ORS. ETC. ETC.

PREM SINGH AND ORS. ETC. ETC. versus HARYANA STATE ELECTRICITY BOARD AND ORS. ETC. ETC.

It is not necessary to indicate in advance how the benefit of higher qualification is to be given if a norm is fixed and applied uniformly; the selection committee had adopted a norm granting additional marks for higher qualifications. The Board was justified in filling posts which became vacant due to retirement and death if those vacancies could be reasonably anticipated. Appointments made against posts beyond anticipated and actual vacancies are invalid. Relief must be molded to strike just balance; only appointments beyond 87 posts are invalidated.

Parties
Appellant: Prem Singh and Others; Respondent: Haryana State Electricity Board and Others
Jurisdiction
India
Judgment Date
07 May 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeals allowed; High Court judgment modified.
Legal Topics
Selection Process, Equality of Opportunity, Appointments in Public Service, Reservation Policy
Service Law Constitutional Law Selection Process Equality of Opportunity Appointments in Public Service Reservation Policy

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Parties

Prem Singh and Others

Appellant

Haryana State Electricity Board and Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Haryana State Electricity Board could prepare a selection list and appoint more candidates than the number of posts advertised
  2. 2 Whether failure to specify marks for higher qualifications constituted denial of benefit and contravened Articles 14 and 16 of the Constitution

Ratio Decidendi

It is not necessary to indicate in advance how the benefit of higher qualification is to be given if a norm is fixed and applied uniformly; the selection committee had adopted a norm granting additional marks for higher qualifications. The Board was justified in filling posts which became vacant due to retirement and death if those vacancies could be reasonably anticipated. Appointments made against posts beyond anticipated and actual vacancies are invalid. Relief must be molded to strike just balance; only appointments beyond 87 posts are invalidated.

Court Disposition

Appeals allowed; High Court judgment modified.

Orders

  • Appointments made on posts up to 87 are upheld; appointments made by the Board on posts beyond 87 are declared invalid.
  • No order as to costs.