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2009 Supreme(SC) 523

G.S.SINGHVI, MARKANDEY KATJU
State of Bihar – Appellant
Versus
Upendra Narayan Singh – Respondent


Advocates appeared:
For the Appellants :Manish Kumar, Gopal Singh, Advocates.
For the Respondents:Nagendra Rai, Sr. adv., Shantanu Sagar, Avinash Sharma, T. Mahipal, Advocates.

Judgement Key Points

Key Points: - Initial appointments found to be illegal per se; direction for reinstatement with consequential benefits cannot be approved. (!) - Equality before law (Article 14) is a positive concept; cannot be enforced in a negative manner; irregularities cannot be repeated to grant relief to others. (!) (!) - Open advertisement and merit-based selection are mandated for public appointments; Section 4 of Employment Exchanges Act requires notifying vacancies to Employment Exchange to sponsor eligible candidates. (!) (!) (!) - Regularization of illegal ad hoc appointments is not a right and cannot substitute proper recruitment; Courts should avoid perpetuating illegality. (!) (!) (!) - Courts have denied reinstatement or regularization where initial appointments violated equality norms and statutory procedures; emphasis on due process and due recruitment. (!) (!) - The decision overruled earlier directions for reinstatement in similar cases, holding that illegality cannot be cured by regularization or by extending relief to others. (!) (!) - (!) - The judgment cautions against "litigious employment" and directs adherence to constitutional scheme for public employment. (!) - (!)

What is the effect of initial illegality of appointments on reinstatement with consequential benefits?

What is the appropriate remedy when ad hoc appointments violate equality before law and the Employment Exchanges Act?

What are the limits of judicial reinstatement or regularization where appointments were made without open advertisement or proper selection?


JUDGMENT

G.S. Singhvi, J.—

1. Leave granted

2. After taking cognizance of the fact that large number of ad hoc appointments were being made in different departments without complying with the relevant rules and procedure, the Government of Bihar vide its Circular No.7260 dated 27.4.1979 which was followed by another Circular No.3001 dated 16.3.1982 imposed ban on such appointments. Notwithstanding this, ad hoc appointments continued to be made in violation of the rules and relevant instructions. This compelled the State Government to pass order dated 10.3.1985 for cancellation of ad hoc appointments and for filling the vacancies in accordance with the rules. After one year, the issue relating to large scale illegalities committed in the making of ad hoc appointments was raised in the Bihar Legislative Assembly and members expressed concern over such appointments. In the backdrop of this development, Chief Secretary, Government of Bihar vide his letter dated 11.6.1986 made it clear to all the Secretaries to the Government, Heads of Departments, Divisional Commissioners and District Magistrates that they will be personally responsible for the compliance of the rules and instructions


















































































































































































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