Gujarat High Court
Kalpesh Govindbhai Solanki vs Ahmedabad Municipal Corporation ... on 16 August, 2016
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/SCA/3732/2011 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3732 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of No
the judgment ?
4 Whether this case involves a substantial question of No
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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KALPESH GOVINDBHAI SOLANKI....Petitioner(s)
Versus
AHMEDABAD MUNICIPAL CORPORATION THRO'MUNICIPAL
COMMISSIONER & 6....Respondent(s)
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Appearance:
MR SJ GAEKWAD, ADVOCATE for the Petitioner(s) No. 1
MR RAJESH CHAUHAN FOR MR HS MUNSHAW, ADVOCATE for the
Respondent(s) No. 1 - 2
MS VIDHI J BHATT, AMICUS CURIAE
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
Date : 16/08/2016
CAV JUDGMENT
1. By way of this petition under Article 226 of the Page 1 of 25 HC-NIC Page 1 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT Constitution of India, the petitioner has challenged the orders dated 10.08.2010 (Annexures A to E), whereby respondents Nos.3 to 7 have been appointed as Sanitary SubInspectors in the respondent Ahmedabad Municipal Corporation. In the alternative, it is prayed that the orders dated 10.08.2010 (Annexures C to E), whereby respondents Nos.5 to 7 have been appointed as Sanitary SubInspectors be quashed and set aside.
2. Briefly stated, the facts of the case are that the Medical Superintendent of V.S. General Hospital, Ahmedabad, respondent No.2 herein, invited applications for various posts including two posts of Sanitary SubInspector, in the fixed pay of Rs.2,500/ per month by publishing an advertisement in the newspaper. The last date for submitting applications was 28.08.2001. Initially, appointments to the said posts were to be made for a period of five years. The requisite qualification for the post of Sanitary Sub Inspector was Secondary School Certificate or an equivalent examination and a Diploma in the course of Sanitary Inspector from a recognised institution. As Page 2 of 25 HC-NIC Page 2 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT per the petitioner, he possesses the requisite qualification for the said post. The petitioner has a Degree of Bachelor of Commerce from the Gujarat University and a Diploma of the Sanitary Inspector's Training Course from the All India Institute of Local Self Government, Bombay. The petitioner applied for the post in question along with all documents, pursuant to the said advertisement. The petitioner belongs to the Scheduled Caste and has a Certificate from the Competent Authority in this regard. The petitioner appeared in the written examination conducted by the respondent authorities on 21.07.2010, pursuant to an interview call letter sent to him. On being successful in the written examination, the petitioner was called for an oral interview by a letter dated 31.07.2010. The oral interview was conducted on 04.08.2010. According to the petitioner, he fared well in the written test and the vivavoce test but was not selected for the post of Sanitary SubInspector. It is the case of the petitioner that as per the advertisement issued by the respondent authorities only two posts of Sanitary SubInspector were advertised. However, the respondent authorities Page 3 of 25 HC-NIC Page 3 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT filled up five vacancies of Sanitary SubInspectors and appointed respondents Nos.3 to 7 on the said posts with a fixed pay of Rs.4,500/ by the impugned appointment orders dated 10.08.2010. The petitioner asserts that the action of the respondent authorities in filling up more posts than advertised is contrary to law. Hence, the petitioner has challenged the said appointments by filing the present petition.
3. Respondents Nos.3 to 7 have been served with notice of Rule but have chosen not to appear before the Court despite such service.
4. In order to obtain an independent view in the matter, this Court requested Ms.Vidhi J. Bhatt, learned advocate, to act as amicus curiae to assist the Court. She has kindly consented to do so.
5. Mr.S.J. Gaekwad, learned advocate for the petitioner, has submitted that it is a settled position of law that more posts than those advertised cannot be filled up. When only two posts of Sanitary SubInspector were advertised, only two posts could Page 4 of 25 HC-NIC Page 4 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT have been filled up. However, the respondent authorities have filled up five posts - three posts in excess of those advertised. The action of the respondents is illegal and no waiting list could have been prepared after filling up the two advertised posts. All five posts were filled up on the same day by appointing respondents Nos.3 to 7. It is contended that as the respondents could not have filled up five posts when only two were advertised, the appointments of respondents Nos.3 to 7 deserve to be quashed and set aside. The petitioner and others like him, have been deprived of participating in the recruitment process for the three posts, therefore, he is entitled to challenge the said appointments.
6. In support of the above submissions, reliance has been placed upon the judgments referred to hereinabove.
(1) State of Bihar and another Vs. Madan Mohan Singh and others reported in 1994 Supp (3) SCC 308, wherein it is held as below:
"7. Having carefully considered the Page 5 of 25 HC-NIC Page 5 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT advertisement and the various averments in the affidavits and the counteraffidavits, we are of the view that the crucial question is whether in fact the advertisement and the initial decision of the High Court were meant to fill up only 32 vacancies and whether accordingly the High Court called for only 129 candidates from the list, who appeared for the written test in the ratio of 1 : 4 and whether consequently the whole selection process was confined to fill up only those, 32 vacancies? If the answer is in the affirmative then the question of the same list subsisting for one more year for filling up the subsequent vacancies did not arise in spite of the resolution of the High Court dated 241190. As noted above in the reply affidavit, the Registrar of the High Court categorically stated that 32 vacancies were available and to fill up the same, 129 candidates were called for interview namely four times of the number of vacancies and that the rest of the vacancies arose later on. To satisfy ourselves, we have also called for the relevant records from the High Court and the same is placed before us in a sealed cover. A persual of the records shows that in the Full Court meeting on 55 90 it was resolved that on the basis of the result of the preliminary screening test, four times of number of candidates to be Page 6 of 25 HC-NIC Page 6 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT selected for appointment be called for interview. From the proceedings of another Full Court meeting held on 15990 it is clear that it was resolved that 128 candidates alone in order of merit should be called for interview. The proceedings of the Full Court meeting dated 241190 would show that the Full Court finalised the selection for filling up 32 vacancies only and sent a list of 32 candidates in order of merit. However, a further resolution was passed that if any further vacancy in the quota of the direct recruits was required to be filled up within a period of one year the same be filled up by recommending the candidates in order of merit from amongst the remaining candidates in the merit list. It is therefore crystal clear that the advertisement and the whole selection process that ensued were meant only to fill up 32 vacancies. Learned counsel for the respondents relying on the decisions of this Court in Kailash Chandra Sharma v. State of Haryana. 1989 Suppl (2) SCC 696 : (AIR 1990 SC 454) and OP. Garg v. State of U.P., AIR 1991 SC 1202. contended that when there are temporary vacancies, the direct recruits should have their share of quota in respect of temporary vacancies also. As noted above, the temporary vacancies arose subsequently but even otherwise in the view we are taking Page 7 of 25 HC-NIC Page 7 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT namely that the particular advertisement and the consequent selection process were meant only to fill up 32 vacancies and not to fill up the other vacancies, the merit list prepared on the basis of the written test as well as the viva voce will hold good only for the purpose of filling up those 32 vacancies and no further because the said process of selection for those 32 vacancies got exhausted and came to an end. If the same list has to be kept subsisting for the purpose of filling up other vacancies also that would naturally amount to deprivation of rights of other candidates who would have became eligible subsequent to the said advertisement and selection process." (2) Reliance has also been placed on the judgment in the case of State of U.P. and others Vs. Rajkumar Sharma and others reported in (2006) 3 SCC 330, wherein the Supreme Court has held that:
"13. Filling up of vacancies over and above the number of vacancies advertised would be violative of the fundamental rights granted under Articles 14 and 16 of the Constitution. (See: Union of India and Ors. v. Ishwar Singh Khatri and Ors., Gujarat Page 8 of 25 HC-NIC Page 8 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT State Dy. Executive Engineers, Association v. State of Gujarat and Ors., State of Bihar and Ors. v. the Secretariat Assistant S.E. Union, 1986 and Ors., Prem Singh and Ors. v. Haryana State Electricity Board and Ors., Surendra Singh and Ors. v. State of Punjab and Anr. and Kamlesh Kumar Sharma v. Yogesh Kumar Gupta and Ors."
(3) Another judgment relied upon in the case of Gujarat State Dy. Executive Engineers' Association Vs. State of Gujarat and others reported in 1994 Supp (2) SCC 591, the relevant extract of which is as under:
"9. A waiting list prepared in an examination conducted by the Commission does not furnish a source of recruitment. It is operative only for the contingency that if any of the selected candidates does not join then the person from the waiting list may be pushed up and be appointed in the vanacy so caused or if there is some extreme exigency the Government may as a matter of policy decision pick up persons in order of merit from the waiting list. But the view taken by the High Court that since the vacancies have not been worked out properly, therefore, the candidates from the waiting list were liable Page 9 of 25 HC-NIC Page 9 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT to be appointed does not appear to be sound. This practice, may result in depriving those candidates who become eligible for competing for the vacancies available in future. If the waiting list in one examination was to operate as an infinite stock for appointments, there is a danger that the State Government may resort to the device of not holding an examination for years together and pick up candidates from the waiting list as and when required. The constitutional discipline requires that this Court should not permit such improper exercise of power which may result in creating a vested interest and perpetrate waiting list for the candidates of one examination at the cost of entire set of fresh candidates either from the open or even from service."
7. Mr.Rajesh Chauhan, learned advocate for Mr.H.S. Munshaw, learned advocate for respondents Nos.2 and 3, has submitted that though it is factually correct that in the advertisement, only two posts of Sanitary Sub Inspector are mentioned, however, a select list was prepared by the respondents consisting of twelve candidates. The two meritorious candidates were given appointment and the remaining ten candidates were kept Page 10 of 25 HC-NIC Page 10 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT on the waiting list which has a life of one and a half years. It is further submitted that due to the expansion of the Hospital and as there was a requirement in certain Speciality Departments, three additional posts of Sanitary SubInspector were created by respondent No.1 Corporation, vide a Resolution dated 04.02.2010, subsequent to the advertisement. These three additional posts were filled up from the waiting list. There was an administrative requirement and as maintenance of sanitation is a basic requirement in the Hospital, respondents Nos.3 to 7 were appointed on the three newlycreated posts. It is contended that the petitioner was neither on the Select List, nor the Waiting List and the persons appointed are more meritorious and better qualified and experienced than him. Hence, the petitioner has no vested right to challenge the appointment of respondents Nos.3 to 7, who were appointed in the interest of the administration and public at large.
8. Ms.Vidhi J. Bhatt, learned Amicus Curiae, has submitted that as per the law laid down by the Supreme Page 11 of 25 HC-NIC Page 11 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT Court in Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors. reported in (1996) 4 SCC 319, the selection process by way of advertisement can be initiated for clear vacancies. More appointments than the number of posts advertised cannot be made, except in exceptional circumstances. She has relied upon the following principles of law laid down by the Supreme Court in the said judgment.
"25. From the above discussion of the case law it becomes clear that the selection process by way of requisition and advertisement can be started for clear vacancies and also for anticipated vacancies but not for future vacancies. If the requisition and advertisement are for a certain number of posts only the State cannot make more appointments than the number of posts advertised, even though it might have prepared a select list of more candidates. The State can deviate from the advertisement and make appointments on posts falling vacant thereafter in exceptional circumstances only or in a emergent situation and that too by taking a policy decision in that behalf. Even when filling up of more posts than advertised is challenged the court may not, while exercising its extraordinary jurisdiction, invalidate the excess appointments and may mould Page 12 of 25 HC-NIC Page 12 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT the relief in such a manner as to strike a just balance between the interest of the State and the interest of persons seeking public employment. What relief should be granted in such cases would depend upon the facts and circumstances of each case."
(emphasis supplied) 8.1 It is further submitted that a Waiting List prepared in an examination conducted by the Commission does not furnish a source of recruitment. It is operative only for the contingency that if any of the selected candidates does not join, then the person from the waiting list may be pushed up and be appointed in the vacancy so caused or if there is some extreme exigency the Government may, as a matter of policy decision, pick up persons in order of merit from the Waiting List.
8.2 According to learned Amicus Curiae, the rational or logic behind the aforesaid proposition of law is that the filling up of vacancies in excess of those advertised would deprive candidates who were not eligible for appointment to the posts on the last date Page 13 of 25 HC-NIC Page 13 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT for submission of applications mentioned in the advertisement and who became eligible for appointment thereafter, of an opportunity of being considered for appointment on the excess posts, because if the said additional posts are advertised subsequently, those who become eligible for being considered, would be entitled to apply for the same.
8.3 It is submitted that Article 226 of the Constitution contemplates the issuance of directions, order or writs for the enforcement of the rights conferred by Part III of the Constitution, or any legal right. The existence of a right, legal or fundamental and the infringement thereof, are the foundation of the exercise of the jurisdiction of the Court under Article 226 of the Constitution. Article 226 jurisdiction cannot be invoked for establishing one's legal or constitutional right.
8.4 In the case on hand, the present petitioner has neither a legal right nor a fundamental right. Article 14 guarantees equality before the law or the equal protection of the laws. Article 16 guarantees equality Page 14 of 25 HC-NIC Page 14 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT of opportunity in matters relating to employment or appointment to any office under the State. In response to the advertisement, the petitioner made his application and underwent the process of recruitment conducted by respondent No.2. He only has a right to be considered for being appointed to the post he applied for. His candidature was considered and his name was not empanelled either in the Select List or in the Waiting List. In short, he was considered but was not successful. Further, the petitioner does not have any legal right to be appointed. It is not his case that his application had not been considered. He has not raised any plea of unfair or discriminatory treatment in the selection process. No mala fide has been alleged. All that he seeks in the petition is the quashing of appointment orders of the private respondents, on the ground that they were appointed against the posts in excess of the number of posts advertised. In what way the petitioner is aggrieved by the action of respondent No.2 has not been brought out in the petition. Learned Amicus Curiae further submits that viewed in the legal as well as factual context, the petitioner has no grievance and his interest has Page 15 of 25 HC-NIC Page 15 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT not been affected. Therefore, it is submitted that the relief sought by the petitioner in the present petition does not deserve to be granted, more particularly when the petitioner has no existing legal right, and neither have any of his fundamental rights been abridged.
8.5 It is further submitted that, as held by the Supreme Court, it is only in rare, and exceptional circumstances and in emergent situations that appointments over and above those advertised may be made. The exercise of such power has to be tested by the Court on the touchstone of reasonableness. In other words, the authorities should clearly spell out as to under what policy such a decision has been taken and what were the exceptional circumstances and the emergent situation. In its affidavitinreply, respondent No.2 explained the exceptional circumstances which prompted it to proceed with the appointment of three more candidates from the Waiting List prepared by the Selection Committee although the advertisement was for two posts of Sanitary Sub Inspectors. Considering the larger interest of the Page 16 of 25 HC-NIC Page 16 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT State as against the individual interest of the petitioner, the impugned action on the part of respondent No.2 in filling up of more posts than advertised does come within the exception of emergent situation carved out by the Supreme Court.
9. This Court has heard learned counsel for the respective parties, perused the averments made in the petition, contents of the impugned order and other documents on record.
10. In the background of the above legal and factual position, it emerges that undisputably, respondent No.2 advertised only two posts of Sanitary Sub Inspector. The petitioner, amongst other candidates, applied for the post but was not selected. Though only two posts were advertised, the respondent authorities filled up five posts. After the initiation of the selection process but before its conclusion, the respondent authorities had created three additional posts of Sanitary SubInspector which were filled up from the Waiting List of the candidates who had applied pursuant to the advertisement for two posts. Page 17 of 25 HC-NIC Page 17 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT According to the petitioner, the action of the respondent authorities renders the entire selection bad, as more posts were filled up than advertised.
11. It is a settled position of law that normally, vacancies over and above the number of vacancies ought not to be filled up as such an action would deprive prospective and aspiring candidates to the post from participating in the recruitment process that would have taken place had the additional vacancies been advertised in future. It could also be possible that a candidate who was not eligible when the advertised vacancies were filled up could acquire the necessary qualifications by the time the additional vacancies would have been advertised. Such a candidate would be deprived of participation in the recruitment process.
12. The judgment relied upon by Mr.S.J. Gaekwad, learned counsel for the petitioner in this regard that have been quoted hereinabove, makes this position clear. To that extent, the submissions advanced by learned counsel for the petitioner cannot be faulted. However, the Supreme Court has carved out an exception Page 18 of 25 HC-NIC Page 18 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT to this general principle of law on the ground that deviation from the advertisement by filling up posts falling vacant thereafter, can be made in exceptional and emergent circumstances by taking a policy decision in that behalf. This has been clearly stated by the Apex Court in the case of Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors (supra), the relevant extract of which judgment has been reproduced earlier. The Court would be called upon to examine, from the material on record, whether there existed any such emergent or exceptional circumstances justifying the filling up of more vacancies than advertised.
13. It is stated in the said affidavitinreply that the Hospital was undergoing an expansion and there was an urgent requirement of more Sanitary SubInspectors in Speciality Departments such as CardioVascular, Trauma Centre, ICCU, Cathlab, M.R.I etc., therefore, it was thought fit by the Board of Trustees of the Hospital to open three more posts of Sanitary Sub Inspector. A resolution dated 23.01.2010 was passed in this regard. The Standing Committee of respondent No.1 Corporation which provided the grant to the Hospital Page 19 of 25 HC-NIC Page 19 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT also passed a resolution on 04.02.2010, for the creation of three new posts of Sanitary SubInspector. It was decided that in the interest of the administration and the public interest, the three newlycreated posts be filled up from the Waiting List.
14. It emerges from the affidavitinreply filed by respondent No.2 and the copies of the resolutions annexed therewith, that the Hospital was under
expansion and to maintain hygiene, which is the basic requirement in any hospital, there was an urgent need for the creation and filling up of three additional posts of Sanitary SubInspector. Considering the circumstances described, it does appear that there were exceptional and emergent circumstances which led to the creation and filling up of three new posts.
Public interest would always prevail over individual interest in such a situation.
15. In the judgment in the case of Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors (supra), the Supreme Court has clearly stated that even when the filling up of more posts than advertised Page 20 of 25 HC-NIC Page 20 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT is challenged, the Court may not, while exercising its extraordinary jurisdiction, invalidate the excess appointments and may mould the relief to strike a just balance. The relief would depend on the facts and circumstances of each case.
16. In the present case, as stated above, there was an emergent situation in the Hospital and an urgent requirement of more Sanitary SubInspectors which has led to the filling up of three posts in excess of the two advertised. Keeping in mind the requirements of the Hospital and the public interest, the action of respondent No.2 would fall under the exception carved out by the Supreme Court in the case of Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors (supra).
17. It is also required to be examined whether, by filling up posts in excess of those advertised, the respondent authorities have violated the fundamental rights of the petitioner under Articles 14 and 16 of the Constitution of India. No doubt, the petitioner has the right to participate in the process of recruitment and to aspire for employment. He may also Page 21 of 25 HC-NIC Page 21 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT nurse a legitimate expectation to be selected for, and appointed to, the post in question. Such selection and appointment would depend on the merit of the petitioner qua the other participating candidates. The mere participation in the recruitment process would confer no legal right to be selected and appointed upon the petitioner. It is settled law that even a candidate whose name figures on the Select List has no vested or legal right to appointment. The petitioner has participated in the selection process but has not been found meritorious. The three additional posts were filled up from amongst the candidates who appeared pursuant to the advertisement, during the same process of selection. The appointments on the two advertised posts and the three additional ones were made on the same day. It is not as though the petitioner would have acquired better qualifications in the interregnum due to the short timespan. The fact that more posts were filled up than advertised would not, in the view of this Court, render the entire selection process liable to be quashed and set aside. The petitioner has no legal, vested or fundamental right to be appointed, therefore, the Page 22 of 25 HC-NIC Page 22 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT appointments of respondents Nos.3 to 7, who were more meritorious than him, cannot be invalidated only on the ground that three additional posts were filled up.
18. At this juncture, the prayers made by the petitioner may be seen. The first prayer is to quash and set aside the appointments of all the five selected candidates, who are respondents Nos.3 to 7 herein. Two of those candidates (respondents Nos.3 and
4) have been selected against the advertised vacancies, in order of merit. The petitioner, being less meritorious, can have no right to challenge the appointment of these two candidates. The alternative prayer made by the petitioner is to set aside the appointments of respondents Nos.5 to 7. No consequential prayer has been made to consider the petitioner for appointment. The petitioner has not made any claim to the post in question. As stated above, the petitioner has no legal, vested or fundamental right to appointment. Even on the ground that posts in excess of those advertised were filled up, though in exceptional circumstances, no right of the petitioner has been violated. The petitioner has not made any allegations regarding mala fides or Page 23 of 25 HC-NIC Page 23 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT discriminatory practices. Most significantly, he has not even claimed that his name be considered for appointment. The prayers made by the petitioner seek no affirmative action concerning himself but seek to negative the appointments of respondents Nos.3 to 7 or, in the alternative, of respondents Nos.5 to 7. Taking into consideration the aspect that the additional three posts were created post. the advertisement for two posts, due to a dire requirement in the Hospital and were filled up from the same pool of candidates who participated in the selection process in which the petitioner was unsuccessful, and keeping in view the larger public interest and the principles of law laid down by the Supreme Court in the case of Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors (supra), the prayers made in the petition cannot be accepted. Sufficient reasons have been given by respondent No.2 to show the emergent circumstances that led to the action of the respondent authorities, to bring it within the exception carved out by the Supreme Court in the above judgment. Under the circumstances, to strike down the appointments of respondents Nos.3 to 7 would not be Page 24 of 25 HC-NIC Page 24 of 25 Created On Wed Aug 17 02:21:03 IST 2016 C/SCA/3732/2011 CAV JUDGMENT justified.
19. This Court takes the opportunity to express its gratitude to Ms.Vidhi J. Bhatt, learned Amicus Curiae, for the hard work put in by her and the able assistance rendered by her.
20. As a result of the above discussion and for reasons stated hereinabove, the Court is unable to grant any of the prayers made by the petitioner.
21. The petition fails and is rejected. Rule is discharged. There shall be no orders as to costs.
(SMT. ABHILASHA KUMARI, J.) piyush Page 25 of 25 HC-NIC Page 25 of 25 Created On Wed Aug 17 02:21:03 IST 2016