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1 - 10 of 17 (0.30 seconds)Article 16 in Constitution of India [Constitution]
K.Jayamohan vs State Of Kerala & Anr on 25 April, 1997
In K. Jayamohan v. State of Kerala and Another [(1997) 5 SCC 170],
this court held:
Munna Roy vs Union Of India (Uoi) And Ors. on 3 April, 2000
In view of the above settled legal
position, no error is found in the judgment of the
High Court warranting interference.
[See also Munna Roy v. Union of India and Others, (2000) 9 SCC
283]
All India Sc & St Employees Assn.& Anr vs A. Arthur Jeen & Ors on 12 April, 2001
In All India SC & ST Employees Association and Another v. A.
Arthur Jeen and Others [(2001) 6 SCC 380], it was opined:
Shankarsan Dash vs Union Of India on 30 April, 1991
10. Merely because the names of the candidates
were included in the panel indicating their
provisional selection, they did not acquire any
indefeasible right for appointment even against the
existing vacancies and the State is under no legal
duty to fill up all or any of the vacancies as laid
down by the Constitution Bench of this Court,
after referring to earlier cases in Shankarsan Dash
Vs. Union of India. Para 7 of the said judgment
reads thus :-
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 State of Haryana vs. Subhash
Chander Marwaha, Neelima Shangla vs. State of
Haryana or Jatendra Kumar vs. State of Punjab."
Neelima Shangla Ph.D. Candidate vs State Of Haryana & Ors on 17 September, 1986
"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 State of Haryana vs. Subhash
Chander Marwaha, Neelima Shangla vs. State of
Haryana or Jatendra Kumar vs. State of Punjab."
Arun Tewari & Ors vs Zila Mansavi Shikshak Sangh & Ors. Etc on 1 December, 1997
11. It is true that after the order of stay was vacated by this Court in Arun
Tewari (supra), the State issued a circular letter dated 24.04.1995 which
reads as under:
Pitta Naveen Kumar & Ors vs Raja Narasaiah Zangiti & Ors on 14 September, 2006
In Pitta Naveen Kumar and Others v. Raja Narasaiah Zangiti and
Others (2006) 10 SCC 261], this Court observed :