Salam Samarjeet Singh vs High Court Of Manipur At Imphal And Anr on 7 October, 2016
So far as the judgment in the case of Kulwinder Pal
Singh & Anr. v. State of Punjab & Ors.[8] is concerned, I am in respectful
agreement with the same and with the view expressed by Banumathi, J. that
only being in the selected panel does not give the petitioner or anybody
else an indefeasible right to get an appointment. But the vacancies, as
highlighted in paragraph 11, have to be filled up as per statutory rules
and in conformity with the constitutional mandate. I do not see anything
in that judgment against the consideration of petitioner’s case in
accordance with law after declaring his results by ignoring the pass mark
criteria for the viva voce examination introduced by the High Court and
then proceed as per Rules by adding the marks of written examination with
that of viva voce test. All actions of authorities must meet the test of
reasonableness and in case petitioner is not offered appointment though
being the only successful candidate, then the respondents may have to
justify their action, if challenged, on the basis of case of Kulwinder Pal
Singh and similar other judgments. As already indicated earlier, that
stage is yet to arrive.