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1994 Supreme(SC) 541

J.S.VERMA, KULDIP SINGH, R.M.SAHAI
Gujarat State Deputy Executive Engineers Association – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
ARUN JAITLEY, B.V.DESAI, C.S.VAIDYANATHAN, Devendra Singh, F.S.NARIMAN, KRISHAN MAHAJAN, M.KARANJAVALA, MINAKSHI ARORA, Mukul Mudgal, NIRU VAID, P.CHAUDHARY, P.H.Parekh, P.P.TRIPATHI, R.KARANJAWALA

Judgment

R.M. SAHAI, J.-

Seniority and quota violation between promotees and direct recruits, that too amongst engineers, keeps on coming to this Court every now and then. But the dispute which has come by way of this appeal, directed against the judgment and order of the Gujarat High Court, is slightly different from the beaten path. Although the issue primarily relates to construction of a circular issued by the State Government on 4-4-1979 providing for that, "the waiting lists which are prepared on the basis of the result of the competitive examination by the Commission, such waiting lists shall remain in force till the date of result of the subsequent examinations are declared", the real issue that arises is if such waiting list could remain alive for 10 years and could furnish source of recruitment. Equally important, rather of far-reaching consequence, is the issue whether the High Court could issue a direction to appoint candidates from the waiting list to future vacancies as the quota of direct recruits had not been worked out by applying correct principles. To add to this is the claim of those selected after lapse of 10 years, that they too should be granted deemed date o

























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