Case Note & Summary
The case involved appeals by constables appointed in 1990, whose appointments were challenged due to non-compliance with recruitment rules. The appellants were dismissed from service after it was found that their appointments were not advertised through the required channels. The High Court initially quashed the dismissals but later upheld the State's appeal, leading to the current appeals. The core legal issue was whether the appointments were illegal or merely irregular. The appellants argued that displaying vacancies on a notice board sufficed, while the State contended that the appointments were illegal due to the breach of Rule 663(d) of the Bihar Police Manual. The Supreme Court referred to precedents establishing that appointments made in violation of recruitment rules are nullities and cannot be regularized. The Court concluded that the appellants' appointments were illegal, justifying their termination. However, it noted the long service of the appellants and suggested consideration for future appointments. The appeals were dismissed without costs.
Headnote
A) Constitutional Law - Recruitment Violations - Nullity of Appointments - Constitution of India, Articles 14, 16 - Appointments made without proper advertisement in violation of recruitment rules were deemed illegal, justifying termination of services. Held that such appointments are nullities and cannot be regularized (Paras 9-10).
Issue of Consideration
Whether the appointments of the appellants were irregular or illegal due to infraction of Rule 663(d) of the Bihar Police Manual.
Final Decision
The Supreme Court dismissed the appeals, affirming the legality of the termination of the appellants' services due to illegal appointments.
Law Points
- Violation of recruitment rules
- Articles 14 and 16 of the Constitution
- nullity of appointments
- regularization of services
