VidhiSangh

Supreme Court of India · 13/02/2024

DR KAVITA KAMBOJ versus HIGH COURT OF PUNJAB AND HARYANA & ORS

[2024] 2 S.C.R. 1136 · 2024 INSC 192

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Summary

The High Court could supplement the Haryana Superior Judicial Service Rules, which were silent on a minimum score for the suitability test, by requiring 50% separately in the written test and viva voce. The State could not reject the High Court’s promotion recommendations after seeking the Union Government’s opinion instead of completing consultation with the High Court.

Issues

  1. Whether the High Court could prescribe separate minimum marks for the written suitability test and viva voce when the service rules were silent.
  2. Whether the State could reject promotion recommendations after referring the matter to the Union Government.

Provisions considered

Held

Result

The appeals were dismissed; the High Court judgment directing the State to act on the recommendations was upheld.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 1136.