Case Note & Summary
The case involved a challenge to the Full Bench judgment of the Punjab and Haryana High Court regarding the recruitment of clerks in Haryana. The petitioners, including Roshni Devi and Shravan Kumar, contested the legality of the Full Bench's directions which modified earlier rulings that allowed appointments from a selection list prepared in 1989. The background revealed that the Service Selection Board had prepared a list of 5373 candidates despite a requisition for only 662 posts, leading to disputes over appointments. The High Court had previously ruled in favor of candidates who were higher in merit but not appointed, leading to the Full Bench's review. The Full Bench concluded that the selection process was flawed and that the list's validity was limited to one year, thus directing the State to consider appointments strictly within the requisitioned number. The appellants argued that the Full Bench could not annul rights accrued from the earlier judgment without an appeal. The court acknowledged the irregularities in the selection process but also considered the long service of those appointed from the 1989 list. Ultimately, the Supreme Court modified the Full Bench's directions, allowing existing appointments to remain valid while stipulating that future appointments must adhere to merit and the number of vacancies available. The court emphasized the need for the State to amend recruitment rules to prevent excessive selections in the future. The appeals were disposed of without costs.
Headnote
A) Administrative Law - Recruitment Procedures - Validity of Selection Lists - Haryana State Recruitment - The Selection Board cannot select candidates in excess of the requisition made by the Government. The Full Bench ruled that the selection list prepared on October 15, 1989 was valid for one year and that appointments must be made strictly according to merit and within the requisitioned number of posts. Held that the previous directions were not in conformity with law (Paras 1-5).
Issue of Consideration
Whether the Full Bench judgment of the Punjab and Haryana High Court can annul the rights accrued from a previous judgment regarding clerk recruitment.
Final Decision
The Supreme Court modified the Full Bench's directions, allowing existing appointments from the 1989 list to remain valid while stipulating that future appointments must adhere to merit and the number of vacancies available.
Law Points
- Recruitment procedures
- Validity of selection lists
- Rights accrued from judicial decisions
- Administrative directions
- Excess selection by boards
