VIJAY SINGH CHARAK versus UNION OF INDIA AND ORS.

VIJAY SINGH CHARAK versus UNION OF INDIA AND ORS.

Clubbing of vacancies of several years for preparation of select list is illegal under Regulation 5 of the Indian Forest Service (Recruitment) Rules, 1965; select list must be prepared for each year separately considering only those eligible officers for that year; High Court erred in remitting the select list to the Selection Committee without deciding its validity.

Parties
Appellant: Vijay Singh Charak; Respondents: Union of India and others
Jurisdiction
India
Judgment Date
26 February 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Selection Procedure, Preparation of Select List, Clubbing of Vacancies, Practice and Procedure
Service Law Selection Procedure Preparation of Select List Clubbing of Vacancies Practice and Procedure

Case Brief

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Parties

Vijay Singh Charak

Appellant

Union of India and others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether clubbing vacancies for multiple years in select list for induction into Indian Forest Service is permissible under Regulation 5 of the Indian Forest Service (Recruitment) Rules, 1965
  2. 2 Whether High Court abdicated its function by remitting select list to Selection Committee instead of deciding its validity

Ratio Decidendi

Clubbing of vacancies of several years for preparation of select list is illegal under Regulation 5 of the Indian Forest Service (Recruitment) Rules, 1965; select list must be prepared for each year separately considering only those eligible officers for that year; High Court erred in remitting the select list to the Selection Committee without deciding its validity.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments of Division Bench and Single Bench of High Court set aside
  • Impugned Select List dated 12.9.1995 quashed