Case Note & Summary
The dispute arose from a writ petition filed by the respondent seeking appointment as a Sub-Divisional Clerk in the Haryana Irrigation Department. The background involved a requisition made in June 1980 for four vacancies, but the Subordinate Service Selection Board erroneously recommended 28 candidates in November 1982. The Superintending Engineer returned the list, citing a lack of requisition and ongoing legal issues regarding existing clerks. The respondent filed a writ petition in October 1996, which the High Court allowed, directing the state to appoint her and awarding costs. The Supreme Court analyzed the facts, noting that the selection board had no authority to recommend more candidates than requisitioned and that the delay in filing the writ petition was excessive. The Court held that the High Court's order was illegal and dismissed the writ petition, setting aside the High Court's judgment. The decision emphasized the importance of adhering to proper recruitment procedures and the implications of delay in seeking legal remedies.
Headnote
A) Administrative Law - Writ Jurisdiction - Justification for Appointment - Constitution of India, Article 226 - The High Court's direction for appointment was illegal as the selection board exceeded its jurisdiction by recommending 28 candidates instead of the requisitioned four. The Superintending Engineer's refusal to appoint was justified due to the absence of requisition and ongoing legal issues with existing clerks. Held that the High Court erred in entertaining the writ petition (Paras 1-2).
Issue of Consideration
Whether the High Court was justified in directing the appointment of the respondent as Sub-Divisional Clerk despite the lack of requisition and the delay in filing the writ petition.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petition, stating that the direction for appointment was illegal and the delay in filing the writ petition was unjustified.
Law Points
- Writ jurisdiction
- Delay in filing
- Authority of selection board
- Appointment process
- Mandamus relief
