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Supreme Court of India 2020-12-03 dismissed

Pankjeshwar Sharma and Others vs State of Jammu & Kashmir and Others

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This case involved multiple civil appeals challenging a re-drawn State-wise merit list and the appointment of candidates from that list in Jammu & Kashmir. The appellants, unsuccessful in the selection process, argued that the appointments violated Article 14 (equality). While the Supreme Court found the appointments irregular and in breach of recruitment rules, it declined to set them aside. The Court reasoned that doing so would perpetuate further illegality rather than remedy the original wrong. The appeals were dismissed, holding that negative equality cannot justify compounding the State's illegality through judicial intervention.

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Constitutional Law Civil Procedure Recruitment and Selection Equality Administrative Law Judicial Review

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