STATE OF BIHAR versus KAUSHAL KISHORE SINGH AND ORS.

STATE OF BIHAR versus KAUSHAL KISHORE SINGH AND ORS.

Appointment of selected candidates without preparation of merit list and calling for options is arbitrary and per se illegal; government must adopt objective and rational method or manner of allotment. Asking for options is discretionary and government is not bound to select candidates accordingly; this principle applies only to cases where appointments are not yet final.

Parties
Appellant: State of Bihar; Respondents: Kaushal Kishore Singh and Ors.; Impleading Party: Impleading party
Jurisdiction
India
Judgment Date
10 April 1997
Procedural Posture
Civil Appeal No. 1607 of 1987 / Appeal by Special Leave From Judgment of Patna High Court in C.w.j.c. No. 686 of 1984
Outcome
Appeal disposed of without costs; government is directed to act in light of law laid down in this order.
Legal Topics
Recruitment to Class III Posts, Merit List Preparation, Government Discretion in Appointments, Options of Candidates, Arbitrariness and Article 14
Service Law Recruitment to Class III Posts Merit List Preparation Government Discretion in Appointments Options of Candidates Arbitrariness and Article 14

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Parties

State of Bihar

Appellant

Kaushal Kishore Singh and Ors.

Respondents

Impleading party

Impleading Party

Procedural Posture

Civil Appeal No. 1607 of 1987 / Appeal by Special Leave From Judgment of Patna High Court in C.w.j.c. No. 686 of 1984

Legal Issues

  1. 1 Whether selection and appointment of candidates without preparing merit list and without calling for options is arbitrary and violates Article 14 of the Constitution
  2. 2 Whether the government is bound to accept options given by candidates during recruitment

Ratio Decidendi

Appointment of selected candidates without preparation of merit list and calling for options is arbitrary and per se illegal; government must adopt objective and rational method or manner of allotment. Asking for options is discretionary and government is not bound to select candidates accordingly; this principle applies only to cases where appointments are not yet final.

Court Disposition

Appeal disposed of without costs; government is directed to act in light of law laid down in this order.

Orders

  • Government directed to act per law laid down in this order only for cases where appointments have not become final.
  • Pending matters to be disposed in light of this direction.