Prem Singh And Others vs Haryana State Electricity Board And ... on 7 May, 1996
Most significantly, he has
not even claimed that his name be considered for
appointment. The prayers made by the petitioner seek
no affirmative action concerning himself but seek to
negative the appointments of respondents Nos.3 to 7
or, in the alternative, of respondents Nos.5 to 7.
Taking into consideration the aspect that the
additional three posts were created post. the
advertisement for two posts, due to a dire requirement
in the Hospital and were filled up from the same pool
of candidates who participated in the selection
process in which the petitioner was unsuccessful, and
keeping in view the larger public interest and the
principles of law laid down by the Supreme Court in
the case of Prem Singh & Ors. Vs. Haryana State
Electricity Board & Ors (supra), the prayers made in
the petition cannot be accepted. Sufficient reasons
have been given by respondent No.2 to show the
emergent circumstances that led to the action of the
respondent authorities, to bring it within the
exception carved out by the Supreme Court in the above
judgment. Under the circumstances, to strike down the
appointments of respondents Nos.3 to 7 would not be
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C/SCA/3732/2011 CAV JUDGMENT
justified.