KAILASH CHANDER SHARMA versus STATE OF HARYANA AND ORS.

The petitioner, being one of the selected candidates and given an undertaking by the State regarding appointment within one year, became entitled to be considered and appointed to the post of Assistant District Attorney. The State cannot avoid implementation of Court's order based on a technical or unjustified stand about the expiry of the one year period.

Parties: Petitioner: Kailash Chander Sharma; Respondent: State of Haryana; Respondent: Mahabir Singh
Jurisdiction: India
Judgment Date: 16 November 1989
Procedural Posture: Writ Petition (civil) / Final Disposition by Supreme Court
Outcome: Petition disposed of; relief granted to petitioner.
Legal Topics: Appointment, Recruitment, Compliance With Court Direction

Civil Service Appointment Recruitment Compliance With Court Direction

Case Brief

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Parties

Kailash Chander Sharma

Petitioner

State of Haryana

Respondent

Mahabir Singh

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition by Supreme Court

Legal Issues

1 Whether the petitioner was entitled to appointment as Assistant District Attorney under the undertaking given by the State Government to appoint selected candidates within one year.
2 Whether the State could avoid compliance of Court's direction based on a technical plea regarding the expiry of one year.

Ratio Decidendi

Court Disposition

Petition disposed of; relief granted to petitioner.

Orders

Respondents are directed to appoint the petitioner against one of the posts of Assistant District Attorney subject to physical fitness.
No costs.