Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2016 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 1362 - SC - Indian LawsDirection issued to restrict the selection of Assistant Prosecuting Officers only to the number of posts that were advertised - HELD THAT:- The Appellants participated in the selection which was initially for 38 posts which later increased to 74 posts. They could not be appointed due to the judgment of the High Court which directed the selection to be only for 38 posts. In view of there being no fault on the part of the Appellants, we examined whether we could exercise our judicial discretion to direct their appointments. We realise that any such direction given by us for their appointments would be contrary to the Rules. Judicial discretion can be exercised by a Court only when there are two or more possible lawful solutions. In any event, Courts cannot give any direction contrary to the Statute or Rules made thereunder in exercise of judicial discretion. The selection pursuant to the advertisement dated 19.09.2009 should be confined only to posts that were advertised, the additional posts that were created after the expiry of the recruitment year shall be filled up by issuance of an advertisement afresh. In view of the shortage of Assistant Prosecuting Officers in the State of Uttarakhand, we direct the authorities to expedite the process of selection. Appeal dismissed.
|