VidhiSangh

Supreme Court of India · 20/11/2023

VIVEK KAISTH & ANR versus THE STATE OF HIMACHAL PRADESH & ORS

[2023] 16 S.C.R. 613 · 2023 INSC 1007

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that two judicial appointments against later-created, unadvertised vacancies were legally flawed, but protected the officers under Article 142 after nearly ten years of blameless service and promotion. The ordinary rule against exceeding advertised vacancies remained intact, and competing candidates obtained no appointment relief. The protected officers were to be treated at par with their recruitment-year colleagues without career prejudice from the litigation.

Issues

  1. Whether later-created judicial vacancies could be filled through a completed recruitment for advertised existing and anticipated vacancies.
  2. Whether a waiting list or earlier recruitment directions justified the additional appointments.
  3. Whether the officers should nevertheless retain their posts in the exceptional circumstances.

Provisions considered

Held

Result

Vivek Kaisth and Akansha Dogra’s appeals allowed to the extent of protecting their selection and appointment under Article 142. Findings on the legal flaw retained. Connected appeals Nos. 6237, 6235 and 6236 of 2023 dismissed. Protected officers to be treated at par with other appointees of that year, without litigation-related career prejudice. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 613.