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1 - 10 of 27 (0.23 seconds)Malik Mazhar Sultan & Anr vs U.P. Public Service Commission & Ors on 3 April, 2006
The gist of the argument advanced by Mr. Prabal Mukherjee is that though
maintenance of time schedule is mandatory and any deviation or variation is required to be
ratified from the Supreme Court, as directed in the decision of Malik Mazhar Sultan's case,
there had been no attempt to adhere to the time schedule. The petitioners sought for
enforcement of their right of being considered for appointment in West Bengal Judicial
Service in the vacancies that arose after publication of the advertisement being No. 4/2007
dated February 17, 2007 till the expiry of the validity of the select list/merit list made and
published on March 19, 2008/March 23, 2008 according to their rank in consonance with
Article 16 of the Constitution and action based on legitimate expectation. The declaration
had also been sought as to the period of validity of the 'select list' in absence of available
provision in the Rules. It was also submitted that in view of issuance of advertisement on
May 3, 2008, there could be no scope for any controversy as to the availability of vacancy
and as such, the respondents were estopped from initiating recruitment process since the
petitioners, who are select listed candidates have pre-existing right to be considered for
appointment in all existing vacancies/available vacant posts according to their ranking on
merit, till the period of validity of the select list is exhausted.
State Of Rajasthan & Ors vs Jagdish Chopra on 30 August, 2007
Referring to the decision of the Apex Court in the case between State of Rajasthan &
Ors. Vs. Jagdish Chopra (Supra), it was submitted that a panel/merit list should ordinarily
be valid for one year if the rules are silent on this point. Mr. Prabal Mukherjee also invited
attention of the Court to the West Bengal Judicial (Conditions of Service) Rules, 2004 and
the various provisions therein - particularly Rule 9.
Article 14 in Constitution of India [Constitution]
The Juvenile Justice (Care and Protection of Children) Act, 2000
Article 16 in Constitution of India [Constitution]
Virender S. Hooda & Ors vs State Of Haryana & Anr on 13 March, 1999
'The law operating in the field in this behalf is neither in doubt nor in dispute. Only
because the name of a person appears in the select list, the same by itself may not be a
ground for offering him an appointment. A person in the select list does not have any legal
right in this behalf. The selectees do not have any legal right of appointment subject, inter
alia, to bona fide action on the part of the State. Whereas the selectee as such has no legal
right and the superior Court in exercise of its power of judicial review would not ordinarily
direct issuance of any writ in absence of any pleading and proof of mala fide or arbitrariness
on the part of the employer. Each case, therefore, must be considered on its own merit.'
Though reference was made to another decision of the Apex Court in the case
between Virender S. Hooda & Ors. Vs. State of Haryana & Anr., as reported in (1999)
3 SCC 696, I do not think that the decision in the said case has any manner of application to
the facts and circumstances of the present case.
State Of Bihar & Anr vs Bal Mukund Sah & Ors on 14 March, 2000
Mr. Arunabha Ghosh, appearing with Ms. Debjani Sahu, as learned Counsel for the
petitioner in W.P. No. 22704(W) of 2008, submitted that recommendation of the High
Court under Article 233(2) and consultation with High Court under Article 234 are sine qua
non for direct recruitment of District Judges at the apex level and other Judicial Officers at
the base level respectively of the State Judicial Service. Reference was made to the
decision in the case between State of Bihar & Anr. Vs. Bal Mukund Sah & Ors., as
reported in (2004) 4 SCC 640. It was contended that judicial service does not come within
the ambit of Article 309 so as to clothe the Legislature with the power to legislate in this
regard.
Ashok Kumar Yadav And Ors. Etc. Etc vs State Of Haryana And Ors. Etc. Etc on 10 May, 1985
Reference was further made to the decision of the Apex Court in the case between
Ashok Kumar Yadav & Ors. Vs. State of Haryana & Ors., as reported in (1985) 4
SCC 417. This is in the context of the need for attracting the finest talent in the judiciary.
Baitarani Gramiya Bank vs Pallab Kumar And Ors on 10 September, 2003
In this context, he referred to the decision of the Apex
Court in the case between Batiarani Gramiya Bank Vs. Pallab Kumar & Ors., as
reported in (2004) 9 SCC 100.