without taking
benefit of reservation were wrongly adjusted in the Scheduled Caste
category list. Her prayer is that they should have been given appointment ... Petitioners have also pointed out various interpolations and
manipulations in the selection process and prayed that the entire
selection process be quashed.
9. The writ
conclusion by holding
that appointment made contrary to the mandate of Article 14 without
open competitive selection is void ab initio ... clearly held that back door
appointment without any advertisement or selection process cannot
be permitted. The said case also referred to appointment of a
Constable
pertaining to the appointments which were made
clandestinely and without advertisement and the
persons were appointed without following due selection
process. The facts ... appointment made on a post under the State or
Union without issuing advertisement inviting
applications from eligible candidates and without
holding a proper selection where
students and teachers, regulations
laying down eligibility criteria and qualifications for appointment, as also
conditions of service of employees (both teaching and non teaching),
regulations ... educational institutions will have
the freedom to appoint teachers/lecturers by adopting any rational
procedure of selection.
(v) Extension of aid by the State does
their
stand that the decision to scrap the examination is uniform without any
bias and favouritism. It gives equal opportunity to all and encourages
competition ... selection process of the petitioners is
concerned and only in such circumstance the petitioners may possibly
not have any right either for appointment
students and teachers, regulations
laying down eligibility criteria and qualifications for appointment, as also
conditions of service of employees (both teaching and non teaching),
regulations ... educational institutions will have
the freedom to appoint teachers/lecturers by adopting any rational
procedure of selection.
(v) Extension of aid by the State does
present case, the facts are entirely
different. The appellants were appointed without following
any selection process conforming with the requirements of
Articles ... have, in effect, intended to
replace the illegal appointments through appointments after
following due procedure of selection based on merit in tune
Patna High Court
present case, the facts are entirely
different. The appellants were appointed without following
any selection process conforming with the requirements of
Articles ... have, in effect, intended to
replace the illegal appointments through appointments after
following due procedure of selection based on merit in tune
Patna High Court
present case, the facts are entirely
different. The appellants were appointed without following
any selection process conforming with the requirements of
Articles ... have, in effect, intended to
replace the illegal appointments through appointments after
following due procedure of selection based on merit in tune
Patna High Court
with regard
to routine promotions by DPC, and promotions by selection under the
IAS (Appointment by Promotion) Regulations, 1955 are not necessarily
the same ... Apex Court
had held that a Writ Petition impugning selection and appointments,
without impleading and serving all the selected candidates, was not
maintainable, more
