ASHOK KUMAR AND ORS. versus THE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD AND ORS.

ASHOK KUMAR AND ORS. versus THE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD AND ORS.

Selection and recruitment in excess of notified vacancies is unconstitutional. However, since appointments have already been made and those appointed were not impleaded, no interference is made with their appointments. Hereafter, Boards must notify existing and expected vacancies and recruit strictly in accordance with notified vacancies; appointment in excess of notified vacancies is deprecated.

Parties
Appellants: Ashok Kumar and Ors.; Respondents: The Chairman, Banking Service Recruitment Board and Ors.
Jurisdiction
India
Judgment Date
09 November 1995
Procedural Posture
Civil Appeal / Final Disposition After Appeals From High Court Order
Outcome
Appeals dismissed.
Legal Topics
Recruitment in Excess of Notified Vacancies, Selection List, Waiting List, Notifications of Vacancies, Appointment Procedures
Service Law Constitutional Law Recruitment in Excess of Notified Vacancies Selection List Waiting List Notifications of Vacancies Appointment Procedures

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Parties

Ashok Kumar and Ors.

Appellants

The Chairman, Banking Service Recruitment Board and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition After Appeals From High Court Order

Legal Issues

  1. 1 Whether recruitment and selection in excess of notified vacancies by Recruitment Board is unconstitutional
  2. 2 Whether candidates ranking in the selection list far in excess of notified vacancies are entitled to relief

Ratio Decidendi

Selection and recruitment in excess of notified vacancies is unconstitutional. However, since appointments have already been made and those appointed were not impleaded, no interference is made with their appointments. Hereafter, Boards must notify existing and expected vacancies and recruit strictly in accordance with notified vacancies; appointment in excess of notified vacancies is deprecated.

Court Disposition

Appeals dismissed.

Orders

  • No relief is granted to appellant No. 3 as his ranking was far in excess of notified vacancies and others are not entitled to relief as they did not file writ petitions.
  • No costs.