Search Results Page
Search Results
1 - 10 of 12 (0.25 seconds)Section 18 in The Right to Information Act, 2005 [Entire Act]
The Right to Information Act, 2005
Kerala Public Services Act, 1968
Section 3 in Road Transport Corporations Act, 1950 [Entire Act]
Shankarsan Dash vs Union Of India on 30 April, 1991
In Shankarsan Dash v. Union of India (AIR 1991
SC 1612) another decision relied on by the learned
counsel for the petitioner in W.P.(C)No.636 of 2018, a
Constitution Bench of the Apex Court after referring to
the law laid down in Miss Neelima Shangla v. State of
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 37
Haryana (AIR 1987 SC 169) held that it cannot be said
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. The Apex Court held further that, it is, of
course, open to the Government not to fill up all the
vacancies for a valid reason, but the selection cannot
be arbitrarily restricted to a few candidates
notwithstanding the number of vacancies and the
availability of qualified candidates; and there must be
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 38
a conscious application of mind by the Government and
the High Court before the number of persons selected
for appointment is restricted. The fact that it was not
for the Public Service Commission to take a decision in
this regard was emphasised in that judgment.
Section 18 in The Industrial Disputes Act, 1947 [Entire Act]
The Industrial Disputes Act, 1947
Road Transport Corporations Act, 1950
The Management Of Kerala House vs Sanjay Kumar & Anr. on 20 April, 2012
In Management of Kerala House v. Sanjay Kumar
and another [2012 (2) KLT SN 89 (C.No.83).Del.] another
decision relied on by the learned counsel for the
petitioner in W.P.(C)No.636 of 2018, a Division Bench
of the Delhi High Court held that any provisions
regarding recruitment and conditions of service framed
by the State Government under Kerala Public Services
Act, 1968 would govern the service of its employees and
not the provisions of Chapter VA or other provisions of
the Industrial Disputes Act, 1947 regulating the
conditions of service.