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1996 Supreme(SC) 931

G.T.NANAVATI, S.C.AGRAWAL
Prem Singh: Shanti Prakash: Haryana State Electricity Board – Appellant
Versus
Haryana State Electricity Board: Haryana State Electricity Board: Satbir Singh Bura – Respondent


Judgement Key Points

What is... How to determine the legality of filling up more posts than advertised in public recruitment? What is... How to balance state interests and applicants when excess appointments are made beyond advertised vacancies? What is... How to treat appointments against future/anticipated vacancies in relation to Articles 14 and 16 of the Constitution?

Key Points: - (!) - (!) - (!) - (!) - (!)

What is... How to determine the legality of filling up more posts than advertised in public recruitment?

What is... How to balance state interests and applicants when excess appointments are made beyond advertised vacancies?

What is... How to treat appointments against future/anticipated vacancies in relation to Articles 14 and 16 of the Constitution?


JUDGMENT

Nanavati, J.-Leave granted in the two SLPs. Heard learned counsel appearing in all the three appeals.

2. These appeals arise out of the judgment and order passed by the High Court of Punjab and Haryana in Civil Writ Petition No. 4012 of 1993. Along with that writ petition the High Court also disposed of Civil Writ Petition Nos. 4716, 4885, 5301, 5987, 6024, 6427, 7310, 7884, 8068 of 1993 and 15534 of 1994. The High Court allowed all the writ petitions and declared the selection/appointments of Respondents 2 to 214 in those writ petitions as illegal and quashed the same. About 125 selected candidates have filed Civil Appeal No.3423 of 1996 and Civil Appeal arising out of SLP (C) No.24555 of 1995. The Civil Appeal arising out of SLP (C) No.25996 of 1995 has been filed by the Haryana State Electricity Board (hereinafter referred to as the Board ) which appointed them.

3. Two questions which arise for consideration in these appeals are: (1) Whether it was open to the Board to prepare a list of as many as 212 candidates and appoint as many as 137 out of that list when the number of posts advertised was only 62? (2) Whether the High Court was justified in quashing the selecti












































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