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2023 Supreme(SC) 1243

M. M. SUNDRESH, ARAVIND KUMAR
State of Haryana – Appellant
Versus
Dinesh Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Ms. Aishwarya Bhati, A.S.G. Mr. Alok Sangwan, Sr. A.A.G. Ms. Poornima Singh, Adv. Mr. Sumit Kumar Sharma, Adv. Mr. Samar Vijay Singh, AOR Mr. Rajat Sangwan, Adv. Mr. Vaibhav Yadav, Adv. Mr. Anurag Kulharia, Adv. Mr. Vishnu Tallapragada, Adv. Mr. Vipul Dahiya, Adv. Mr. Apoorv Yadav, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv. Ms. Shanti Ranjan, Adv. Mr. Bhavishya Ranjan, Adv. Ms. Shweta Pandey, Adv.
For the Respondent(s): Mr. Rameshwar Singh Malik, Sr. Adv. Mr. Jitesh Malik, Adv. Ms. Beena, Adv. Mr. Gopal Das Verman, Adv. Mr. Budha Deo Prasad, Adv. Mrs. Barnali Basak, Adv. Mr. Satish Kumar, AOR Mr. D. S. Chauhan, AOR Ms. Ruchi Singh, Adv. Mr. Prashant Kumar, Adv. Mr. Shikher Badial, Adv. Mr. Santosh Kumar Baitha, Adv.

JUDGMENT :

ARAVIND KUMAR, J.

1. Leave granted.

2. The broad issue at hand relates to recruitment and appointment to the posts in the Haryana Civil Service (Executive Branch)1 [hereinafter referred to as ‘Service’]. The process of recruitment to the posts in the Service are governed by Haryana Civil Service (Executive Branch) Rules, 2008 [for short ‘the Rules’].

3. Part II2 [Part II runs from Rule 3 to Rule 34] of the Rules is titled ‘Recruitment to Service’. For a person to be appointed in the Service, Rule 73 [Rule 7 - Members of the Service shall be appointed from time to time as required from amongst accepted candidates whose names have been duly entered in accordance with these rules in one or other of the registers of Accepted Candidates to be maintained under these rules:

Provided that if in the opinion of the Government the exigencies of the Service so require, the Government may make special recruitment to the Service by such methods as it may by notification specify, after consultation with the Commission] requires that such person’s name must be found in ‘one or other of the registers of Accepted Candidates to be maintained under these rules. Rule 84 [Rule 8 - The following R

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