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1 - 10 of 11 (0.73 seconds)Rakhi Ray & Ors vs High Court Of Delhi & Ors on 1 February, 2010
16. It is to be kept in mind that Rakhi Ray (supra) is a
judgment in the context of recruitment in the cadre of Higher
Judicial Service in Delhi. Advertisement dated 19.5.2007 was
issued notifying 20 vacancies. Out of these posts, 13 posts were
to be filled up from the general category candidates, 3 from
Schedule Cast and 4 from Scheduled Tribes. Appellants Rakhi
Ray and others also found place in the merit list but were much
below at sl. No.13 After filling up of all 13 vacancies in general
W.P. (C) 1435/11, 2317/11,2156/11,1702/11,,1701/11 Page 23 of 32
category, the said persons could not be selected because of lower
ranking.
Surinder Singh And Ors. Etc vs State Of Punjab And Anr. Etc on 27 August, 1997
In Surinder Singh and Ors. v. State of
Punjab and Ors. AIR 1998 SC 18, this Court
held as under:
Kamlesh Kumar Sharma vs Yogesh Kumar Gupta & Ors on 9 February, 1998
11. Similar view has been re-iterated in Madan
Lal v. State of J & K and Ors. AIR 1995 SC
1088; Kamlesh Kumar Sharma v. Yogesh
Kumar Gupta and Ors. AIR 1998 SC 1021; Sri
Kant Tripathi v. State of U.P. and Ors.
Sri Kant Tripathi & Ors vs State Of U.P. & Ors on 7 September, 2001
11. Similar view has been re-iterated in Madan
Lal v. State of J & K and Ors. AIR 1995 SC
1088; Kamlesh Kumar Sharma v. Yogesh
Kumar Gupta and Ors. AIR 1998 SC 1021; Sri
Kant Tripathi v. State of U.P. and Ors.
State Of Punjab vs Raghbir Chand Sharma & Anr on 30 October, 2001
In State of Punjab v. Raghbir Chand
Sharma and Ors. AIR 2001 SC 2900, this Court
examined the case where only one post was
advertised and the candidate whose name
appeared at Serial No. 1 in the select list joined
the post, but subsequently resigned. The Court
W.P. (C) 1435/11, 2317/11,2156/11,1702/11,,1701/11 Page 12 of 32
rejected the contention that post can be filled up
offering the appointment to the next candidate
in the select list observing as under:
Mukul Saikia & Ors vs State Of Assam & Ors on 18 November, 2008
In Mukul Saikia and Ors. v. State of
Assam and Ors. AIR 2009 SC 747, this Court
dealt with a similar issue and held that "if the
requisition and advertisement was only for 27
posts, the State cannot appoint more than the
number of posts advertised". The Select List "got
exhausted when all the 27 posts were filled".
Thereafter, the candidates below the 27
appointed candidates have no right to claim
appointment to any vacancy in regard to which
selection was not held. The "currency of Select
List had expired as soon as the number of posts
advertised are filled up, therefore, the
appointments beyond the number of posts
advertised would amount to filling up future
vacancies" and said course is impermissible in
law.
All India Judges' Association And ... vs Union Of India And Others on 24 August, 1993
(4)What would be effect of order dated 20.4.2010
passed in All India Judges Association case. As
per which the Curt was apprised that it was
advertising lesser number of vacancies than
available for want of proper court
accommodation and infrastructure. Whether
that would amount to approval of the action
taken by the Court which is precisely the
subject matter of the challenge?
Article 141 in Constitution of India [Constitution]
Malik Mazhar Sultan & Anr vs U.P. Public Service Commission & Ors on 3 April, 2006
In Malik Mazhar Sultan (supra), the Supreme Court was
concerned with the delay that occurs in filling up of the vacancies
in Subordinate Courts, at all levels. The figures placed before the
Court revealed that at that relevant time there was approved
strength of 14440 Judges in the Subordinate judiciary of this
country as against that as on March, 2006, actual serving Judges
were only, 11,682 leaving 2730 posts vacant which had not been
filled. The Court felt alarmed by this state of affairs.