Supreme Court of India
State of Madhya Pradesh & Ors. v. Ku. Sandhya Tomar & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the learned Single Judge, as well as the Division Bench have misdirected themselves with respect to the actual issues involved in the case, and have decided the case upon totally irrelevant issues.
Judgment, page 9
From the headnote
Service Law - Appointment - Temporary appointment - In a project - Through Employment Exchange - The appointee joining another department - Later repatriated to parent department - Not permitted to join parent department - Subsequent advertisement for appointment to the post - Challenged by the appointee - Advertisement quashed by Single Judge as well as Division Bench of High Court - On appeal, held: The initial appointment was in violation of Articles 14 and 16 of the Constitution - As the appointment was temporary, the appointee cannot claim any lien in respect of the said post - The
Authorities it was built on
- 2011 State of Orissa & Anr. v. Mamata Mohanty
- 1991 Triveni Shankar Saxena v. State of Up. and Ors.
- 1996 The Excise Superintendent Malkapatnam, Krishna District, Andhra Pradesh v. K.B.N. Visweshwara Rao and Ors.
- 1991 State of Punjab and Ors. v. Surinder Kumar and Ors.
- 1989 Ramlal Khurana (dead) by Lrs. v. State of Punjab & Ors.
- 2006 S. Narayana v. Md. Ahmedulla Khan and Ors.
- 2007 Veer Kunwar Singh University Ad Hoc Teachers Association and Ors. v. The Bihar State University (c.c.) Service Commission and Ors.
- 2010 Union of India and Others v. Miss Pritilata Nanda
- 1975 T. R. Sharma v. Prithvi Singh & Anr. Etc.
- 1996 Dr. S.K. Kacker v. All India Institute of Medical Sciences and Ors.
Where later benches applied it
- 2023 L.R. Patil v. Gulbarga University, Gulbarga
- 2015 Sitikanatha Mishra v. Union of India & Ors.
- 2014 Renu & Ors. v. District & Sessions Judge, Tis Hazari & Anr.
Of those, 3 relied on
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