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ART. 16 THE CONSTITUTION OF INDIA 47
mandatory. (Renu v District & Sessions Judge, Tis Hazari, AIR 2014 SC 2175 : (2014)14 SCC 50 : 2014 AIR SCW 1303).
Vacancies arose before the Rules were amended. Appointment on such vacancies would be governed by unamended Rules. (Gupta B.L. v M.C.D., (1998)9 SCC 223 : 1998 AIR SCW 3969).
Appointment of wait list persons in vacancies which arise subsequently is not valid. (Ashok Kumar v Chairman, Banking Service Recruitment Board, AIR 1996 SC 976 : 1996 AIR SCW 420).
Where no advertisement was made, it was backdoor appointment, termination of the services of the employee was held not illegal merely because the employee had completed 15 years’ service. (State of Bihar v Chandreshwar Pathak, AIR 2014 SC 3752 : (2014)13 SCC 232 : 2014 AIR SCW 5152).
Vacancies were not advertised, nor names were called from employment exchange, appointments were held violative of Articles 14 and 16. (Ashwani Kumar v State of Bihar, AIR 1996 SC 2833 : (1996)7 SCC 577 : 1996 AIR SCW 356).
Appointment - Selection procedure stipulated in the advertisement must be scrupulously followed. (Bedanga Talukdar v Saifudullah Khan, AIR 2012 SC 1803 : (2011)12 SCC 85 : 2011(11) Scale 293).
Recruitment examination by Commission - Number of chances candidate can avail - Ashok Kumar Jain v Rajasthan Public Service Commission, AIR 2012 SC 252 : (2011)15 SCC 431 : 2011 AIR SCW 6141).
Civil Services Examination Rules - Physically handicapped, general category candidates - Number of attempts to appear in examination. (Union of India v M. Selvakumar, AIR 2017 SC 740 : (2017)3 SCC 504).
Appointment(s) made in violation of recruitment rules are unsustainable, whether selectee has or has not played role. (Bhupendra Nath Hazarika v State of Assam, AIR 2013 SC 234 : (2013)2 SCC 516.
After the written test is over, the authority cannot prescribe minimum marks for calling the candidates for viva voce test. (Hemani Malhotra v High Court of Delhi, AIR 2008 SC 2103 : (2008)7 SCC 11).
Services Rules fixing 100 marks for viva voce test and 40 marks for other criteria were held ultra vires, hit by Article 14. (Inder Parkash Gupta v State of J&K., AIR 2004 SC 2523 : (2004)6 SCC 786 : 2004 AIR SCW 2737).
Written examination by PSC - Fixing qualifying cut off marks - Discretion of State Commission. (Union Public Service Commission v Anand Devulapally, AIR 2017 SC 1510).
Service Rules fixing 100 marks for viva voce test and 40 marks for other criteria were held ultra vires, hit by Article 14. (Inder Parkash Gupta v State of J&K, AIR 2004 SC 2523 : (2004)6 SCC 786 : 2004 AIR SCW 2737).
Appointment on the post of Principal in non-governmental college — Ph.D degree obtained from open University and a formal conventional University have to be treated at par. (Abdul Motin v Manisnkar Maiti, AIR 2018 SC 3665).
In appointment of Headmaster/Principal, the procedure of overall evaluation of the candidates without giving marks for each of the
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