ARUP DAS & ORS. versus STATE OF ASSAM & ORS.

ARUP DAS & ORS. versus STATE OF ASSAM & ORS.

Appointments cannot be made beyond the number of posts advertised, as it would be arbitrary and violative of Articles 14 and 16; fresh advertisement must be issued to fill remaining vacancies after the advertised ones are filled.

Parties
Petitioner: Arup Das & Ors.; Respondent: State of Assam & Ors.
Jurisdiction
India
Judgment Date
27 January 2012
Procedural Posture
Special Leave Petition (civil) / Supreme Court Judgment on SLP Against Gauhati High Court Division Bench Decision
Outcome
Special Leave Petitions dismissed
Legal Topics
Government Appointments, Vacancies Exceeding Advertisement, Articles 14 and 16
Service Law Constitutional Law Government Appointments Vacancies Exceeding Advertisement Articles 14 and 16

Case Brief

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Parties

Arup Das & Ors.

Petitioner

State of Assam & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Judgment on SLP Against Gauhati High Court Division Bench Decision

Legal Issues

  1. 1 Whether appointments in Government service can be made beyond the number of vacancies advertised

Ratio Decidendi

Appointments cannot be made beyond the number of posts advertised, as it would be arbitrary and violative of Articles 14 and 16; fresh advertisement must be issued to fill remaining vacancies after the advertised ones are filled.

Court Disposition

Special Leave Petitions dismissed

Orders

  • Application filed by Petitioner Nos. 4 to 58 for permission to file SLP rejected
  • No order as to costs