Category: Service

Service Matters

Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9)

2026 INSC 49 SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER Vs. DINESH KUMAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Service Matters

Public Service Commission — Recruitment — Waiting List — Validity — A waiting list has a limited validity period, usually determined by recruitment rules or a reasonable period until the next advertisement. Candidates on a waiting list do not have an indefeasible right to appointment, but can be considered if vacancies arise within the validity period and the appointing authority acts arbitrarily.

2026 INSC 64 SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER Vs. YATI JAIN AND OTHERS ( Before : Dipankar Datta and Augustine George Masih, JJ. )…

Service Matters

Bihar Pharmacists Cadre Rules, 2014 (as amended in 2024) — Rule 6(1) and Note in Appendix-I — Constitutional validity — Fixation of minimum qualification for recruitment of Pharmacist — Held valid — “Note” providing Bachelor’s/Master’s degree holders are eligible subject to possession of Diploma is not arbitrary or exclusionary — Supreme Court upheld the validity of the amended Cadre Rules, finding no infirmity in the reasoning or conclusion of the High Court. (Paras 2, 16, 41, 65)

2026 INSC 68 SUPREME COURT OF INDIA DIVISION BENCH MD. FIROZ MANSURI AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS ( Before : M. M. Sundresh and Satish Chandra…

Service Matters

Reservation in Public Employment — Migration of Reserved Category Candidates — Reserved category candidates who score higher marks than the cut-off for General Category candidates must be treated as qualified against an open/unreserved post, provided they did not avail of any concession or relaxation. Their appointment on merit in the general category does not count against the reserved category quota. (Para 33)

SUPREME COURT OF INDIA DIVISION BENCH AIRPORT AUTHORITY OF INDIA AND OTHERS Vs. SHAM KRISHNA B AND OTHERS ( Before : M. M. Sundresh and Satish Chandra Sharma, JJ. )…

Service Matters

Service Law — Appointment — Ayurvedic Nursing Training Course — Right to Appointment — Candidates admitted to the course in a Government institution do not acquire an automatic right to appointment as Ayurvedic Staff Nurse upon completion of training, especially when there is a significant change in Government policy and the number of candidates available due to the grant of permission to private institutions to impart the training; earlier appointments were made because of fewer candidates (20 seats) and higher demand, a situation that drastically changed with the increased number of pass-outs. (Paras 4, 6, 9, 12, 15, 18, 20, 26, 27)

2026 INSC 38 SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS Vs. BHAWANA MISHRA ( Before : Rajesh Bindal and Manmohan, JJ. ) Civil Appeal No.…

Service Matters

Service Law — High Court Staff — Regularization — Discrimination — Appellants (Operator-cum-Data Entry Assistants/Routine Grade Clerks) appointed by Chief Justice under Rules 8(a)(i), 41, and 45 of Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 — High Court refused regularization of Appellants while regularizing numerous similarly situated employees appointed through the same channel — Justification based on whether initial appointment was labelled ‘ad-hoc’ or whether appointment letter stipulated an examination — Held, distinction based solely on stipulations in appointment letters, when the channel of appointment and nature of work are identical, is arbitrary, unreasonable, and superficial — Such differential treatment violates Articles 14, 16, and 21 of the Constitution, as equals must be treated equally without rational differentia. (Paras 3, 4, 17, 23-28)

2025 INSC 1477 SUPREME COURT OF INDIA DIVISION BENCH RATNANK MISHRA AND OTHERS Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRAR GENERAL ( Before : J.K. Maheshwari and Vijay…

Service Matters

Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)

2025 INSC 1479 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS Vs. PRANAB KUMAR NATH ( Before : Sanjay Karol and Vipul M. Pancholi, JJ. ) Civil…

Service Matters

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

2025 INSC 1462 SUPREME COURT OF INDIA DIVISION BENCH RADHIKA T. Vs. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY AND OTHERS ( Before : Aravind Kumar and N.V. Anjaria, JJ. )…

Service Matters

Bihar Reorganisation Act, 2000 — Section 34(4) — Transfer of proceedings and effect of orders — Section 34(4) provides that any order made by the High Court at Patna before the appointed day in certain proceedings, shall for all purposes have effect not only as an order of the High Court at Patna but also as an order made by the High Court of Jharkhand — This deeming provision ensures continuity of judicial authority and mandates that judgments (like Nagendra Sahani) rendered by the Patna High Court before the reorganization, concerning employees subsequently allocated to Jharkhand (Successor State), must be treated as binding precedent by the High Court of Jharkhand. (Paras 17, 19, 20, 21, 31)

2025 INSC 1445 SUPREME COURT OF INDIA DIVISION BENCH SANJAY KUMAR UPADHYAY Vs. STATE OF JHARKHAND AND OTHERS ( Before : J.K. Maheshwari and Vijay Bishnoi, JJ. ) Civil Appeal…

Service Matters

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

2025 INSC 1423 SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR OF TOWN PANCHAYAT AND OTHERS Vs. M. JAYABAL AND ANOTHER ETC. ( Before : Rajesh Bindal and Manmohan, JJ.…

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