Supreme Court of India

Ashok Kumar & Anr v. State of Bihar & Ors

Neutral citation

Reported as [2016] 8 S.C.R. 815

Bench T. S. Thakur, A. M. Khanwilkar and Dr. D.Y. Chandrachud JJ.

Decided 21 October 2016

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the ends of the justice would be met by a direction that in the event that there is any existing D vacancy, appellant who has still continued in service, may be allowed to continue to work on the Class III post in which he is currently working on a provisional basis until the next round of selection process takes place.

Judgment, page 12

From the headnote

Service Law: Bihar Civil Court Staff (Class III and Class IV) (Amendment) Rules, 2001 - rr.5,6, 7, 10 - Promotion through selection - Selection Criteria - Eighty five marks a/located for written examination and fifteen for interview - Select list not approved - Fresh selection process with a/location of marks for written exam and interview in the ratio of 90:10 - Appellants participated in the fresh process of selection but were unsuccessful and subsequently, they challenged the selection process - Propriety - Held : Appellants appeared in an examination without any objection to process of

Authorities it was built on

2006 Ku. Rashmi Mishra v. Madhya Pradesh Public Service Commission and Ors. cited by 9
2007 Marripati Nagaraja and Ors. v. The Government of Andhra Pradesh and Ors. cited by 6
1991 Munindra Kumar and Ors. Etc. v. Rajiv Govil and Ors. Etc. cited by 2

Where later benches applied it

2019 Air Commodore Naveen Jain v. Union of India & Ors. relied on
2018 Gurmeet Pal Singh v. State of Punjab & Anr. relied on
2023 Tajvir Singh Sodhi & Ors. v. The State of Jammu and Kashmir & Ors. referred to
2020 Ramjit Singh Kardam & Ors. v. Sanjeev Kumar & Ors. referred to
2019 Mukul Kumar Tyagi v. The State of Uttar Pradesh and Ors. referred to
2019 Union of India & Ors. v. C. Girija & Ors. referred to
2020 Nitesh Kumar Pandey v. The State of Madhya Pradesh and Ors. distinguished

Of those, 2 relied on · 1 distinguished · 4 referred to

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