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2001 Supreme(SC) 252

A.R.MISRA, B.N.AGARWAL
Surinder Singh – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

A.P.MISRA, J.

(1) LEAVE granted.

(2) HEARD learned Counsel for the parties.

(3) THE appellants have been selected in an examination held by the respondents. Respondent no. 1 issued a memorandum sanctioning creation of various posts including the posts of Additional Ahlmads in the subordinate courts in Haryana to which we are concerned. These posts were to be filled up in two phases for the two years, i.e. 1996-97 and 1997-98. Respondent no. 2 is the appointing authority. In pursuance to the same an advertisement was made in the local employment exchange inviting the application for 10 posts of Additional Ahlmads for the year 1996-97. After evaluation in the selection process, on 28/12/1996 first 10 candidates were selected against the 10 posts. However, respondent no,2 further filled the ten vacancies of the second phase for the year 1997-98 by further selecting from the same aforesaid merit list of 1996-97 in accordance with merits. The present appellants herein were at serial nos. 14, 16 and 13 respectively.

(4) THE ground on which the High Court quashed the appointment of the appellants was that the appointments were made in



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