JITENDRA KUMAR & ORS. versus STATE OF HARYANA & ANR.

Citation: [2007] 13 S.C.R. 98 · Decided: 11-12-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
JITENDRA KUMAR & ORS. 
v. 
STATE OF HARYANA & ANR. 
DECEMBER 11, 2007 
B 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.] 
Service Law - Appointment - By recruitment - Selected 
candidates recommended by Public Service Commission -
Appointment letters not issued due to coming into operation of 
c Model Code of Conduct in view of Assembly elections - Selection 
process alleged to be tainted by unsuccessful candidates -Vigilance 
inquiry in that regard directed - Successor Government reducing 
cadre strength - Selected candidates filing writ petition seeking 
appointment and challenging the notification whereby cadre 
D strength was reduced - High court dismissing the petition - On 
appeal, Held: Decision of the State is not malafide or arbitrary -
Selectees do not have any legal right of appointment subject, 
inter alia, to bona fide action on the part of the State - In view 
E of the allegation regarding selection process, decision of the State 
;ustified - State is entitled to satisfy itself regarding propriety of 
the selection process - Direction for early disposal of inquiry -
Haryana Civil Services (Executive Branch) and Allied Services 
and Other Services Common/Combined Examination Act, 2002 -
F 
s. 4 - Punjab Civil Service (Executive Branch) Rules, 1930 -
Administrative Law 
Judicial Review - Of Policy decision - Interference with -
Scope of - Held: Judicial review in such cases is though not 
prohibited, but should be exercised on the basis of known legal 
G principles- Superior court in exercise of its judicial review would 
not ordinarily direct issuance of any writ in absence of any pleading 
and proof of malafide or arbitrariness-- Pleadings. 
Doctrines/Principles - Doctrines of Legitimate expectation, 
H 
98 
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JITENDRAKUMAR&ORS. v. STATE OF 
HARYANA&ANR. 
99 
Promissory Estoppel, Unreasonableness and Proportionality -
A 
Applicability of 
State of Haryana sent a requisition to the Public Service 
Commission for filling up 58 posts in HCS (Executive Branch) 
and 44 posts in Allied Services. After completion of all the stages B 
of competitive examination for the same, the selected candidates 
were recommended by the Commission. Due to Assembly 
elections, Model Code of Conduct became effective and ban 
was imposed on issuance of appointment letters. Writ Petitions 
were filed leveling serious allegations against the then Chief C 
Minister and the Chairman of the Commission in respect of the 
selection. Vigilance inquiry was also directed to be conducted. 
After completion of the election, new Government took over. As 
appointment letters were not issued, successful candidates-
appellants filed writ petitions complaining about delay in issuance D 
of appointment letters. The new Government by a notification 
reduced the cadre strength. Writ Petition was amended 
challenging the notification. High Court dismissed the writ 
petitions on the grounds inter alia that efficacy of the earlier 
selection was doubtful and vigilance enquiry was pending. Hence 
the present appeals. 
E 
Dismissing the appeals, the Court 
HELD: 1.1. No case bas been made out for interference 
with the impugned judgment of the High Court. It cannot be held 
that the decision of the State was either malajide or unreasonable F 
or unfair or arbitrary. It has not been alleged that the State was 
acting for unauthorized purpose. [Paras 37 and 47) [127-F] 
[133 D-E] 
1.2. In the fact situation obtaining in the instant case no 0 
case has been made out where the court shall delve deep into 
the question of reduction in cadre strength. The High Court, for 
good and sufficient reasons, was of the opinion that the State 
had acted bonajide in issuing the notification dated reviewing 
the cadre strength. [Paras 25 and 35] [120 D-E] [126 E-F) 
H 
100 
SUPREME COURT REPORTS 
[2007] 13 (Addi.) S.C.R. 
A 
1.3. An inflated cadre strength will have direct 
repercussions not only in the matter of good governance but 
alro on the public exchequer. The State while exercising its 
power to review the cadre strength is entitled to take note of 
the entirety of the situation including the question as to whether 
B the quantum of work has gone up or the activities of the State 
have increased warranting upward revision in the cadre strength. 
When a review committee is constituted under a statute, it has 
to act strictly in terms thereof. It must act within its four-comers. 
Determination of cadre strength on the basis of th

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