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S.T. Venkataiah Thimmaiah And Anr. vs State Of Mysore And Ors. on 26 July, 1968 cites

Krishan Chander Nayar vs The Chairman, Central Tractor ... on 23 August, 1961

30. It is true, the fundamental right guaranteed by Art. 16 of the Constitution includes, as explained by Sinha, C. J., in Krishnan Chander v. Central Tractor Organisation, , a right to make application for posts under the Government, and a further right to be considered on merits for the posts for which application has been made; though those rights do not extend to being actually appointed to the post for which application may have been made. In order to afford equality of opportunity in matters of public employments, ordinarily it is desirable that posts for which appointments are to be made, should be advertised so that eligible aspirants for such posts may have opportunity of making applications for those posts and so that such applications are considered on merits.
Supreme Court of India Cites 3 - Cited by 40 - Full Document

Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab on 12 April, 1955

"First is not obligatory under proviso to Art. 309 to make rules of recruitment, etc., before a service can be constituted or a post created or filled. This is not to say that it is not desirable that ordinarily rules should be made on all matters which are susceptible of being embodied in rules. Secondly, the State Government has executive power, in relation to all matters with respect to which the Legislature of the State has power, to make laws. If follows from this that the State Government will have executive power in respect of List II, Entry 41, State Public Services. It was settled by this Court in Ram Jaway Kapur v. State of Punjab, that it is not necessary that there must be a law already in existence before the executive is enabled to function and that the powers of the executive are limited merely to the carrying out of these laws. We see nothing in the terms of Article 309 of the Constitution which abridges the power of the executive to act under Art. 162 of the Constitution without a law. It is hardly necessary to mention that if there is a statutory rule or an act on the matter, the executive must abide by that Act or rules and it cannot in exercise of the executive power under Art. 162 of the Constitution ignore or act contrary to that rule or Act."
Supreme Court of India Cites 22 - Cited by 327 - Full Document
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