STATE OF BIHAR versus KUMAR PROMOD NARAIN SINGH AND ORS.

STATE OF BIHAR versus KUMAR PROMOD NARAIN SINGH AND ORS.

The appointment of selected candidates without preparing a merit list and by pick and choose is an arbitrary exercise of power and per se illegal. Asking for options from candidates is discretionary; government is not bound to select candidates on that basis. Candidates have no indefeasible or absolute right for...

Source-derived case information.

Parties
Appellant: State of Bihar; Respondent: Kumar Promod Narain Singh and Ors.
Jurisdiction
India
Judgment Date
10 April 1997
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 17.2.86 of the Patna High Court in C.w.j.c. No. 3408 of 1984
Outcome
Appeal disposed of
Legal Topics
Recruitment, Class III Posts, Selection Procedure, Arbitrariness in Appointments, Merit List, Options for Posts, Article 14 of the Constitution
Service Law Recruitment Class III Posts Selection Procedure Arbitrariness in Appointments Merit List Options for Posts Article 14 of the Constitution

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Parties

State of Bihar

Appellant

Kumar Promod Narain Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 17.2.86 of the Patna High Court in C.w.j.c. No. 3408 of 1984

Legal Issues

  1. 1 Whether selection and appointment to Class III posts without preparing a merit list and without calling for options is arbitrary and violates Article 14 of the Constitution
  2. 2 Whether the appointment of candidates on the basis of educational qualifications and pay scales without merit list is legal

Ratio Decidendi

The appointment of selected candidates without preparing a merit list and by pick and choose is an arbitrary exercise of power and per se illegal. Asking for options from candidates is discretionary; government is not bound to select candidates on that basis. Candidates have no indefeasible or absolute right for selection or appointment to a particular post based on options.

Court Disposition

Appeal disposed of

Orders

  • Government directed to act in light of the legal principles laid down in this order
  • Direction applies only to cases where appointments have not become final and pending matters to be disposed of accordingly