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Shankarsan Dash vs Union Of India on 30 April, 1991

In such case it may be open to the State Government to act in terms of the decision of the Supreme Court in the case of Shankarsan Das v. Union of India in which it was laid down that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, even then the successful candidate did not acquire an indefeasible right to be appointed which cannot be legitimately denied and the State is under no legal duty to fill up all or any of the vacancies. However, even in such case a clear condition laid down by the Supreme Court was that the mere possession of such power by the State does not give a license of acting in an arbitrary mariner and decision not to fill up the vacancy has to be taken bona fide for appropriate reasons.
Supreme Court of India Cites 3 - Cited by 1160 - L M Sharma - Full Document

Ramanuj Pandey And Ors. And Pappu ... vs The State Of Bihar And Ors. on 9 July, 2002

7. Subsequently by advertisement No. 1135(A)/96 applications were invited for the Assistants of the Secretariat Limited Competitive Examination, 1996 stating that 25% posts were reserved for ministerial employees of the Secretariat and its attached offices and 25% posts for employees of the muffasil offices. In the said advertisement also reference was made to the Government resolution bearing Memo No. 317 dated 3.9.1992 and it was stated that the seniority and merit shall be given weightage in the ratio of 60:40. The petitioners applied and appeared in the said examination but when the results were not published even after a lapse of two years after the directions of this Court by order dated 17.4.1999 and 18.4.1999, a writ petition being C.W.J.C. No. 12351 of 2001 was f led by some of the candidates, namely, Shri Ramanuj Singh and Ors. v. State of Bihar and Ors. seeking a direction to publish result of the said examination. By order dated 9.10.2001 this Court directed the B.P.S.C. to take necessary steps as noted in the said order and after completing the process, to publish result within two months from the date of receipt of a copy of the order. It may be pointed out that in the said case although the order was passed or 9.10.2001 but no stand was taken on behalf of the Government that the result cannot be published in view of the new policy decision of the government taken and communicated vide Letter No. 8826 dated 20.12.2000. Thereafter the results were published by the B.P.S.C. on 9.1.2002. Subsequently by letter No. 188 dated 1.3.2002 sent by the B.P.S.C. to the Personnel and Administrative Reforms Department Government of Bihar, the names of 202 persons out of 203 for the employees of the Secretariat cadre and 194 posts out of 203 posts for employees of the Muffasil cadre were recommended in order of merit to the government.
Patna High Court Cites 4 - Cited by 1 - A Alam - Full Document
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