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Judicial services

SAKSHI ARHA versus THE RAJASTHAN HIGH COURT & ORS.

The Subsequent Notice of 04.08.2022 issued by the Rajasthan High Court, which required that reserved-category certificates must have been issued on or before 31.08.2021 (the last date for receipt of applications) and that certificates issued between 31.08.2018 and 30.08.2020 be accompanied by the prescribed affidavit, was supported by the Advertisement, the Rajasthan Judicial Service Rules, and the State Circulars (09.09.2015 and 08.08.2019) governing the validity of OBC non-creamy layer certificates; appellants did not possess a valid certificate with requisite affidavit as on the cut-off da…

Source excerpt

  • Recruitment
  • Selection process
  • Reservation
  • Subsequent notice
  • Rajasthan judicial service examination, 2021
  • Other backward classes (non-creamy layer) (obc-ncl)
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Service law

AJITH G. DAS & OTHERS ETC. versus THE STATE OF KERALA & ORS.

KPSC's constitutional autonomy is limited to conducting the selection process; determination of vacancies is the prerogative of the State Government and, in the factual matrix where the Government recommended expansion of the rank list pursuant to the Tribunal's directions and extraordinary circumstances led to unfilled vacancies, KPSC must expand the rank list and facilitate appointment of qualified candidates as per merit under the original notification; the High Court's contrary view was set aside.

Source excerpt

  • Expansion of vacancies
  • Refusal to expand vacancies
  • Selection process
  • Kerala public service commission autonomy
  • Prerogative of the state government to notify vacancies
  • Integrity and sanctity of selection process
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Service law

NATIONAL HIGHWAY AUTHORITY OF INDIA versus G ATHIPATHI AND OTHERS

Where an officer was repatriated to his parent department on a full-time basis and subsequently joined the authority on direct recruitment after a gap of more than a year, the prior deputation service cannot be reckoned as continuous service or as 'absorption' for the purpose of meeting the minimum continuous qualifying service requirement for promotion under the Recruitment Regulations and the impugned Circular; consequently the officer must be treated as a fresh appointee from the date of direct recruitment (26.08.2015) for reckoning the qualifying period.

Source excerpt

  • Promotion criteria
  • Counting of deputation service for promotion
  • Repatriation
  • Direct recruitment
  • Absorption
  • Selection process
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Service law

ANIL KISHORE PANDIT versus THE STATE OF BIHAR AND OTHERS

The Court held that an employer cannot change eligibility criteria prescribed in a public advertisement during the ongoing selection process; a candidate who applied in accordance with the advertisement acquires a vested right to be considered under the rules as they existed on the date of advertisement; consequently the Division Bench erred in setting aside the Single Judge's order and cancelling the appellant's appointment on the basis of a subsequent change in the cut off date, and the appellant's appointment was restored.

Source excerpt

  • Change in qualifications midstream
  • Selection process
  • Vested right to be considered
  • Arbitrariness
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Service law

HARKIRAT SINGH GHUMAN versus PUNJAB & HARYANA HIGH COURT & ORS.

The High Court judgment dismissing the writ petition was set aside. The Court found a substantial lapse in Paper V (missing question no.4 supplied during the exam) and directed that question no.4 (40 marks) be excluded and the marks for question nos. 1,2,3 and 5 (out of total 160 marks) be valuated to declare a fresh written result; candidates within three times the vacancies to be called for viva-voce and final selection to follow Rules, 2007. The Court also laid down procedural safeguards for multiple-choice papers: use of OMR, publication of provisional answer keys with opportunity to obje…

Source excerpt

  • Selection process
  • Written examination
  • Multiple-choice/omr procedures
  • Answer keys and objections
  • Viva-voce impartiality
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Companies law

NATIONAL COMPANY LAW TRIBUNAL BAR ASSOCIATION versus UNION OF INDIA

The petitioner’s prayer to extend the tenures of the 23 persons appointed under the 20 September 2019 notification was refused because (i) the Bar Association lacked locus to seek extensions on behalf of members who did not themselves challenge the appointments, (ii) the members had accepted three-year offers and the issue was raised belatedly, (iii) a fresh selection process was underway and judicial intervention would interfere with that process, and (iv) the Union Government had taken corrective action by extending the tenures of eight members by notification dated 14 June 2022; the Court…

Source excerpt

  • Term of office
  • Appointments
  • Selection process
  • Locus standi
  • Judicial review
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Service law

UTTAR PRADESH SUBORDINATE SERVICE SELECTION COMMISSION & ANR. versus BRIJENDRA PRATAP SINGH & ANR.

The Commission's distinction between candidates who chose option B (which was correct when the question was set) and those who left the question blank (who should not be penalised when no option was correct on the exam date) versus candidates who marked a plainly incorrect option was not palpably arbitrary; deletion of the question at this late stage would cause prejudice. Therefore the High Court's direction was set aside and the appeal allowed.

Source excerpt

  • Examination answer key
  • Selection process
  • Awarding of marks
  • Deletion of question
  • Arbitrariness
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Service law

SRI SRINIVAS K GOUDA versus KARNATAKA INSTITUTE OF MEDICAL SCIENCES & ORS.

The Division Bench erred in perusing and impugning the entire selection list and setting aside the appellant's appointment when the writ petition challenged only the appellant's selection; the marks for experience and interview awarded to the appellant bore a nexus to the yardstick adopted by the Selection Committee (preference for government teaching hospital experience and length of service), no mala fides or glaring perversity was shown, and therefore the High Court's order quashing the appointment was set aside and the appeal allowed.

Source excerpt

  • Appointment
  • Selection process
  • Merit list
  • Arbitrariness
  • Judicial review
  • Bye-laws
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Service law

HIGH COURT OF KERALA versus RESHMA A. & OTHERS ETC.

The Court held that "probable number of vacancies" in Rule 7(1) must be construed to mean the existing vacancies and anticipated vacancies reasonably expected to arise during the same recruitment year, together with some candidates for a wait-list; it does not permit treating vacancies arising in a subsequent recruitment year as anticipated vacancies of the previous year. Consequently vacancies arising in 2020 must be filled through the 2020 recruitment process and the High Court Division Bench order directing operation of the 2019 list for 2020 vacancies was set aside.

Source excerpt

  • Vacancies
  • Selection process
  • Probable vacancies
  • Harmonious construction
  • Article 142 directions
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Service law

NIRBHAY KUMAR & ORS. versus STATE OF BIHAR & ORS.

The petitions were dismissed because the Courts exemption from the physical test applied specifically to a classified group of 133 candidates by exercise of Article 142 and was expressly stated not to be a precedent; petitioners, who either did not undertake or failed the physical test for the 299-post selection, could not establish entitlement to the same relief and granting parity would open the door to multitudinous similar claims.

Source excerpt

  • Appointment
  • Selection process
  • Physical efficiency test
  • Medical fitness test
  • Parity
  • Exercise of article 142
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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