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Supreme Court of India 2023-11-20 allowed

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

Bench: 2 — C.T. Ravikumar, Sudhanshu Dhulia

In Brief

The appellants, Vivek Kaisth and Akansha Dogra, challenged the High Court's decision quashing their appointments as Civil Judges. They were selected and appointed in December 2013 on vacancies created after the recruitment advertisement was issued in February 2013. The Supreme Court held that while the appointment procedure violated established service jurisprudence—vacancies not advertised cannot be filled—the appellants should retain their positions. Having served nearly a decade with integrity and been promoted, and finding no mala fides, the Court exercised its Article 142 powers to protect their tenure in the public interest, while affirming the High Court's legal finding on the procedural flaw.

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Constitutional Law - Articles 14, 16, 142, 235 Judicial Service Law Administrative Law Public Service Commission Service Jurisprudence Recruitment and Selection Procedure and Process Violation Remedies and Relief Public Interest

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