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1 - 10 of 11 (0.45 seconds)R. Vishwanatha Pillai vs State Of Kerala & Ors on 7 January, 2004
10. Later decisions of this Court in R. Vishwanatha Pillai
v. State of Kerala & Ors. (2004) 2 SCC 105 and
Hindustan Petroleum Corporation Ltd. v. Darius
Shapur Chenai & Ors. (2005) 7 SCC 627 have re-stated
the legal position settled by the earlier two decisions noticed
above.
Hindustan Petroleum Corpn. Ltd vs Darius Shapur Chenai & Ors on 20 September, 2005
10. Later decisions of this Court in R. Vishwanatha Pillai
v. State of Kerala & Ors. (2004) 2 SCC 105 and
Hindustan Petroleum Corporation Ltd. v. Darius
Shapur Chenai & Ors. (2005) 7 SCC 627 have re-stated
the legal position settled by the earlier two decisions noticed
above.
Union Of India (Uoi) And Ors. vs Tarun K. Singh And Ors. on 10 January, 2001
11. Relying upon the decision of this Court in Union of
India and Ors. v. Tarun K. Singh and Ors. (2003) 11
SCC 768, Mr. Malhotra all the same argued that the
challenge to the order cancelling the test was legally
untenable as no candidate had any legally enforceable right
to any post until he was selected and an order of
appointment issued in his favour. Cancellation of the
selection process on the ground of malpractices could not,
therefore, be subjected to judicial scrutiny before a Writ
Court, at the instance of a candidate who had not even
found a place in the select list.
Shankarsan Dash vs Union Of India on 30 April, 1991
12. A Constitution Bench of this Court in Shankarsan
Dash v. Union of India (1991) 3 SCC 47 had an occasion
to examine whether a candidate seeking appointment to a
civil post can be regarded to have acquired an indefeasible
right to appointment again such post merely because his
name appeared in the merit list of candidates for such post.
Answering the question in the negative this Court observed:
State Of Haryana vs Subash Chander Marwaha And Ors on 2 May, 1973
"It is not correct to say that if a number of
vacancies are notified for appointment and
adequate number of candidates are found fit,
the successful candidates acquire an
indefeasible right to be appointed which
cannot be legitimately denied. Ordinarily the
notification merely amounts to an invitation
to qualified candidates to apply for
recruitment and on their selection they do
not acquire any right to the post. Unless the
relevant recruitment rules so indicate, the
State is under no legal duty to fill up all or
any of the vacancies. However, it does not
mean that the State has the licence of acting
in an arbitrary manner. The decision not to
fill up the vacancies has to be taken bona
fide for appropriate reasons. And if the
vacancies or any of them are filled up, the
State is bound to respect the comparative
merit of the candidates, as reflected at the
recruitment test, and no discrimination can
be permitted. This correct position has been
consistently followed by this Court, and we
do not find any discordant note in the
decisions in the State of Haryana v. Subhash
Chander Marwaha 1974 (3) SCC 220;
Neelima Shangla Ph.D. Candidate vs State Of Haryana & Ors on 17 September, 1986
Neelima Shangla (Miss) v. State of Haryana
10
1986(4) SCC 268 or Jitender Kumar v. State
of Punjab 1985 (1) SCC 122."
Union Territory Of Chandigarh vs Dilbagh Singh And Ors on 3 November, 1992
22. Mr. Malhotra's contention that the order was passed
entirely on the basis of the complaint received from the
unsuccessful candidates is also of no assistance. The fact
that some representations were received against the test or
the procedure followed for the same could not by itself
justify cancellation of the test unless the authority concerned
applied its mind to the allegations levelled by the persons
making the representation and came to the conclusion that
the grievance made in the complaint was not without merit.
If a test is cancelled just because some complaints against
the same have been made howsoever frivolous, it may lead
to a situation where no selection process can be finalized as
those who fail to qualify can always make a grievance
against the test or its fairness. What is important is that
once a complaint or representation is received the
competent authority applies its mind to the same and
records reasons why in its opinion it is necessary to cancel
the examination in the interest of purity of the selection
process or with a view to preventing injustice or prejudice to
19
those who have appeared in the same. That is precisely
what had happened in Dilbagh Singh's case (supra). The
examination was cancelled upon an inquiry into the
allegations of unjust, arbitrary and dubious selection list
prepared by the Selection Board in which the allegations
were found to be correct.
Kumari Shrilekha Vidyarthi Etc. Etc vs State Of U.P. And Ors on 20 September, 1990
In Kumari Shrilekha Vidyarthi and Ors.
v. State of U.P. and Ors. (AIR 1991 SC 537), this Court
explained that the true import of the expression
"arbitrariness" is more easily visualized than precisely stated
or defined and that whether or not an act is arbitrary would
be determined on the facts and circumstances of a given
case. This Court observed:
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
9. Reference may also be made to the decision of this
Court in Mohinder Singh Gill and Anr. v. Chief Election
Commissioner, New Delhi and Ors. (1978) 1 SCC 405
where this Court reiterated the above principle in the
following words: