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2010 Supreme(Del) 595

HIGH COURT OF DELHI
MANMOHAN SINGH, J.
SHAKTI SHARAN TRIPATHI & OTHERS ……..Petitioners
Versus
AIRPORT AUTHORITY OF INDIA & ANR. ....Respondents
WP (C) No. 2136 of 2010
Decided on: 31.08.2010

Advocates Appeared
Mr. Rakesh Tiku with Mr. Prakash Gautam, Adv.
Mr. P.S. Patwalia, Sr. Adv. with Ms. Anjana Gosain, Adv. for R-1. Ms. Manjusha Wadhwa, Adv. with Mr. Kanwaljeet Singh, Section Officer, for

Headnote:

Constitution of India, 1950 - Article 16 - Petitioner selected for the post of Manager - Appointment later on rejected on the ground of less number of vacancies - Letter of appointment issued to almost 50% of the persons who were found to be selected - The case of petitioners not different from those who have been already issued letter of appointment - Restricting the offer of appointment for the same set of persons by 50% is in violation of Article 14 - Fresh advertisement issued for the same post makes it obvious that the respondent no.1 need to fill the same very vacancies - No question of financial constraints or any prohibition and legally sustainable compulsion - Writ petition allowed and direction given to grant the appointment.

JUDGMENT

MANMOHAN SINGH, J.

1. By this common judgment I shall dispose of the two similar writ petitions filed by the petitioners against the respondents wherein the petitioners were selected for the posts of Manager (Electronics) and Manager (ATC) but were later on rejected on the ground of less number of vacancies.

2. Brief facts of the case relevant for the disposal of the present writ petition are as under:


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Judicial Analysis

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