VidhiSangh

Supreme Court of India · 03/12/2020

PANKJESHWAR SHARMA AND OTHERS versus STATE OF JAMMU & KASHMIR AND OTHERS

[2020] 13 S.C.R. 198 · 2020 INSC 673

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

Summary

The Court declined to disturb 22 longstanding Sub-Inspector appointments made after a State concession in earlier litigation and rejected other candidates’ demand for similar appointments. It corrected the High Court: the earlier order recorded a concession and was not an exercise of Article 142. The appointments remained irregular and contrary to the recruitment scheme, but their preservation on the particular equities did not create a right to negative equality.

Issues

  1. Whether appointments following the State’s concession were made under Article 142 and could support other candidates’ claims to parity.
  2. Whether the appointments should be disturbed after prolonged service, and whether the appellants established a right to appointment.

Provisions considered

Held

Result

Appeals dismissed without costs; the 22 appointments left undisturbed, while the High Court’s Article 142 reasoning was disapproved. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 13 S.C.R. 198.