MRS. ASHA KAUL AND ANR. versus STATE OF JAMMU AND KASHMIR AND ORS.

MRS. ASHA KAUL AND ANR. versus STATE OF JAMMU AND KASHMIR AND ORS.

The government, after requesting a select list of twenty candidates, was not lawfully entitled to approve only thirteen names and leave seven unapproved based on general process objections but without timely disapproval or reasons recorded; however, since no vacancies arose within the validity period of the list and the petitioners delayed their challenge, no relief can be granted, and the appeals are dismissed.

Parties
Appellants: Mrs. Asha Kaul and Anr. etc.; Respondents: State of Jammu and Kashmir and Ors.
Jurisdiction
India
Judgment Date
15 April 1993
Procedural Posture
Civil Appeal Nos. 1730 31/1993; Also Writ Petition (c) No. 81/1993 / Appeals From Division Bench Judgment of the Jammu and Kashmir High Court Reversing Single Judge Decision
Outcome
Appeals dismissed
Legal Topics
Public Service Recruitment, Appointments to Civil Services, Judicial Review of Government Action, Select List Approval and Publication, Civil Services Rules
Constitutional Law Administrative Law Public Service Recruitment Appointments to Civil Services Judicial Review of Government Action Select List Approval and Publication Civil Services Rules

Case Brief

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Parties

Mrs. Asha Kaul and Anr. etc.

Appellants

State of Jammu and Kashmir and Ors.

Respondents

Procedural Posture

Civil Appeal Nos. 1730 31/1993; Also Writ Petition (c) No. 81/1993 / Appeals From Division Bench Judgment of the Jammu and Kashmir High Court Reversing Single Judge Decision

Legal Issues

  1. 1 Whether government can selectively approve part of a select list recommended by the Public Service Commission for appointment of Munsifs under the Jammu & Kashmir Civil Services (Judicial) Recruitment Rules, 1967.
  2. 2 Whether inclusion in a select list confers an indefeasible right to appointment.
  3. 3 What is the scope of government's power to approve, disapprove, or cancel select lists under Rule 39, and relevant constitutional provisions.

Ratio Decidendi

The government, after requesting a select list of twenty candidates, was not lawfully entitled to approve only thirteen names and leave seven unapproved based on general process objections but without timely disapproval or reasons recorded; however, since no vacancies arose within the validity period of the list and the petitioners delayed their challenge, no relief can be granted, and the appeals are dismissed.

Court Disposition

Appeals dismissed

Orders

  • No relief to appellants or writ petitioner; appeals and writ petition dismissed without costs