Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Appeal (civil) 8197 of 2001
PETITIONER:
REGIONAL ENGINEERING COLLEGE KURUKSHETRA
RESPONDENT:
KARAN SINGH SAINI & ORS
DATE OF JUDGMENT: 05/03/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 8197 OF 2001
Despite receipt of notice, Respondent No.1 is neither represented by a counsel nor
appears in person.
Having regard to the facts and circumstances of this case, we propose to dispose of
this appeal with a short order.
Respondent No.1, Shri Karan Singh Saini, was appointed as Junior Engineer (Civil)
on adhoc basis for a period of three months. It appears that respondent No.3,
transposed as appellant No.2, was thereafter appointed on regular basis to the same
post. Aggrieved thereby, respondent No.1 filed a writ petition which has been allowed
by the impugned order of the High Court. The High Court was of the view that the
appointment of appellant No.2 was not made in accordance with the rules and the High
Court directed fresh advertisement for the post by announcing it through
radio/television, publishing it in newspapers of wide circulation and by sending
.....2.
- 2 -
requisition to the Employment Exchange. On this ground, the appointment of appellant
No.2 was set aside.
We are unable to agree with the reasoning of the High Court. It appears that the
appointment of appellant No.2 on regular basis has been made by following the
procedure contained in Rule 11(1) of Non-Teaching Staff Service Rules, 1984.
In the view that we have taken, the High Court fell in error in setting aside the
appointment of appellant No.2.
The order of the High Court is set aside. This appeal is allowed. No costs.