UNION OF INDIA Vs. ISHWARSINGHKHATRI
LAWS(SC)-1989-8-62
SUPREME COURT OF INDIA
Decided on August 04,1989

UNION OF INDIA Appellant
VERSUS
Ishwarsinghkhatri Respondents

JUDGEMENT

- (1.) In the year 1982-83, Delhi Administration notified 654 vacancies of trained graduate teachers and asked the Employment Exchange to sponsor names of suitable candidates for appointment. The Employment exchange during the period up to June 1984 sponsored as many as 4000 candidates. The Staff Selection Board headed by the Director/additional director of Education, Delhi Administration after interviewing the candidates prepared panels containing an aggregate of 1492 names of selected candidates. The panels were displayed on the notice board staling specifically that "the appointment will be in the order of merit, that appointment will be made from the select list till the last candidate is appointed". It was also stated in the minutes of the meetings of the Staff selection Board that "the life of the panels of selected candidates will be valid for indefinite period". In some minutes it is stated, that "the panel of selected candidates will remain valid till all the candidates are offered appointments".
(2.) Delhi Administration in the first instance appointed 527 candidates out of the selected panels and later on they appointed 127 more candidates. It is said that some more candidates were also appointed during the pendency of this proceedings. The remaining selected candidates waited in vain only to see an advertisement by the Administration inviting fresh candidates for further appointments. At that stage, they moved the High court with writ petition under Article 226, inter alia, contending that they have a right to be appointed till the panels are exhausted. The writ petition stood transferred to the central Administrative tribunal which upon consideration of the matter allowed the claim of selected candidates with the following directions: "The petition is allowed and the letter No. F. 20-3 (a) /85-Coord dated 5/03/1985 issued by the Directorate of Education insofar as it restricts the operation of panels of selected candidates to the extent of the actual notified vacancies as is hereby quashed with the 86 direction that all the candidates included in the panels of selected candidates prepared till June 1984 for the posts of Trained Graduate Teachers, shall be appointed against the existing or future vacancies and that the persons in the said panels shall have precedence in appointment over persons included in any subsequent panel and not o far appointed and further that no fresh panel for the appointment on the posts of trained Graduate Teachers in the categories covered by the said panels, shall be prepared until the said panels are exhausted and offers for appointment have been made to all persons included in the said panels. "
(3.) It is against this order of the tribunal, Delhi Administration by obtaining leave has appealed to this court.;


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