Case Note & Summary
The case involved an appeal by the State of U.P. against a judgment of the High Court of Judicature at Allahabad, which had directed the appointment of Chunni Lal to the post of Deputy Collector. The selection process for these posts had begun in 1985, but due to non-joining of two candidates, the Public Service Commission recommended Chunni Lal and another candidate for appointment. However, a subsequent High Court order in 1989 favored another candidate, Ajay Shankar Pandey, leading to a series of legal challenges. Chunni Lal's representation against the continuance of Pandey was rejected by the State, prompting him to amend his writ petition. The High Court quashed the rejection order and directed reconsideration of Chunni Lal's appointment while allowing Pandey to retain his position. The State appealed against this decision, which was stayed pending the appeal. During the proceedings, it was revealed that Chunni Lal had retired as Deputy Transport Commissioner in 2019, rendering the High Court's order incapable of implementation. The Supreme Court found the High Court's order unsustainable, emphasizing that two individuals could not occupy the same post and that the appointment of Chunni Lal was not feasible given the circumstances. Consequently, the Supreme Court quashed the High Court's order without costs.
Headnote
A) Administrative Law - Writ Jurisdiction - Appointment to Public Office - High Court's Direction - The Supreme Court quashed the High Court's order directing the appointment of the original writ petitioner to the post of Deputy Collector, as the petitioner had retired and there was no vacant post available. The Court held that the High Court's direction was unsustainable as it contravened the principle that two persons cannot be appointed to a single post, especially when one had already been appointed pursuant to a prior order (Paras 5-8).
Issue of Consideration
Whether the High Court's order directing the appointment of the original writ petitioner to the post of Deputy Collector was sustainable given the circumstances of the case.
Final Decision
The Supreme Court quashed the High Court's order dated 16.07.2014, stating that the appointment of Chunni Lal was not feasible due to his retirement and the absence of a vacant post.
Law Points
- Writ jurisdiction
- appointment process
- superannuation
- public service commission recommendations
- legal sustainability
