SUPREME COURT OF INDIA
DIPANKAR DATTA AND MANMOHAN, JJ.
The State Of Uttar Pradesh – Appellant
Versus
Neeraj Kumar Pandey And Others – Respondent
Special Leave Petition © No. 2916 - 2917 of 2025) (Diary No. 18516 of 2019) with Writ Petition(C) No. 442 of 2020; Writ Petition(C) No. 604 of 2022; Writ Petition(C) No. 926 of 2022; Writ Petition(C) No. 1357 of 2019; Writ Petition(C) No. 304 of 2020; Writ Petition(C) No. 441 of 2020; Writ Petition(C) No. 435 of 2020; Writ Petition(C) No. 1037 of 2020; Writ Petition(C) No. 670 of 2020; Writ Petition(C) No. 1043 of 2020; Writ Petition(C) No. 29 of 2021; Writ Petition(C) No. 1117 of 2021; Writ Petition(C) No. 569 of 2023 and Writ Petition(C) No. 206 of 2024
Decided on : 29-01-2025
ORDER :
1. Delay condoned.
2. A process of recruitment of teachers (in the disciplines of Science and Mathematics) initiated by the Competent Authority of the Government of Uttar Pradesh on 11th July, 2013 was abruptly put on hold with immediate effect on the basis of an oral order dated 23rd March, 2017.
3. Such oral order was challenged in sixteen writ petitions before the High Court of Judicature at Allahabad. Vide common judgment and order dated 03rd November, 2017, a learned single judge of the High Court allowed all the writ petitions. It was ordered as follows: -
4. The State of Uttar Pradesh filed three writ appeals against the said judgment and order and not sixteen appeals. Resultantly, the judgment and order of the single judge on thirteen writ petitions attained finality. However, the three writ appeals (with Special Appeal No. 648/2017 being the lead matter) came to be considered by a Division Bench of the High Court which, vide its judgment and order dated 12th April, 2018 dismissed the same observing as follows: -
In such circumstances, there is no good reason to interfere with the directions issued by the learned Judge in the impugned judgment. We also expect that the Board will ensure that the recruitment process initiated by the aforesaid Government Orders dated 11 July 2013, 15 December 2016, 16 June 2016 and 19 September 2016 shall be completed as expeditiously not latter than two months from today."
5. The State thereafter applied for review of the aforesaid judgment and order, which was dismissed by the Division Bench by an order dated 25th March, 2019.
6. Following such dismissal, the State has challenged the orders dismissing the writ appeals as well as the review petitions by filing Special Leave Petition (C) D. No.18516/2019 before this Court.
7. It is not in dispute that during the last five years the special leave petition has remained pending on the file of this Court, several appointments have been made on posts of Assistant Teachers (Science and Mathematics) pursuant to the order of the single judge which went unchallenged by the State by not filing writ appeals against the said common judgment and order deciding the remaining thirteen writ petitions.
8. In course of hearing before a coordinate Bench on an earlier occasion, it was the admitted case that although the respondents in the special leave petition had been counseled during the fourth and fifth rounds but were not favoured with appointments, those candidates who were counseled in course of the seventh and eighth rounds had been given appointment.
9. By an order dated 10th November, 2022, this Court called upon the S
AI
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
In public recruitment, candidates must satisfy essential eligibility criteria by the prescribed cut-off date. Administrative representations do not create enforceable rights, and participants who acc....
The main legal principle established is the requirement for fairness and equal opportunity in the selection process, as well as the need to address the grievances of candidates who were not part of t....
The court affirmed that appointment claims require direct engagement in the selection process, emphasizing no valid grievances from unlisted candidates based on prior judicial findings.
The court emphasized the obligation of the Board to prepare a select panel larger than advertised vacancies, reaffirming that mere selection does not confer an indefeasible right to appointment.
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