The appellants before this Court have challenged the Judgment dated 20.09.2021 passed by the Division Bench of the High Court of Himachal Pradesh (in Civil Appeal Nos.6233-6234 of 2023, Vivek Kaisth and Akansha Dogra respectively), by which the appointment of the appellants to the post of Civil Judge (Junior Division) has been quashed. (Para 1)
Having gone through the pleadings of the appellants and that of the respondents, we are of the considered view that there has been a violation of the process in making selection/appointment of the appellants, in as much as the vacancies on which the appellants were appointed were never advertised, and strictly speaking these vacancies cannot be termed as “anticipated vacancies” for the simple reason that these vacancies were only created on 18.04.2013 i.e. after the selection process had begun and advertisement was issued on 01.02.2013. (Para 35)
What is also important for our consideration at this stage is that the appellants in the present case have been working as Judicial Officers now for nearly 10 years. They are now Civil Judge (Senior Division). These judicial officers now have a rich experience of 10 years of judicial service behind them. Therefore, unseating the present appellants from their posts would not be in public interest. Ordinarily, these factors as we have referred above, would not matter, once the very appointment is held to be wrong. But we also cannot fail to consider that the appellants were appointed from the list of candidates who had successfully passed the written examination and viva voce and they were in the merit list. Secondly, it is nobody’s case that the appellants have been appointed by way of favouritism, nepotism or due to any act which can even remotely be called as “blameworthy”. Finally, they have now been working as judges for ten years. There is hence a special equity which leans in favour of the appellants. (Para 36)
We therefore uphold the findings of the High Court on law as to the flaw in the process of selection, which followed post October 8, 2013, after declaration of results. All the same, for the reasons stated above, in order to do complete justice and in exercise of our powers under Article 142 of the Constitution of India, we set aside the order of the High Court as far as it quashes the selection and appointment of the appellants. To that extent, these appeals succeed and are hereby allowed. (Para 37)
SUPREME COURT OF INDIA
2023 STPL(Web) 432 SC
[2023 INSC 1007]
Vivek Kaisth & Anr. Vs. State Of Himachal Pradesh & Ors.
Civil Appeal Nos. 6233-6234 of 2023 (Arising Out Of Slp (C) Nos.15522-15523 Of 2021) WITH CIVIL APPEAL NO. 6236 OF 2023 (@ SLP(C) No.2464/2022) CIVIL APPEAL NO.6235 OF 2023 (@ SLP(C) No.21162/2021) CIVIL APPEAL NO.6237 OF 2023 (@ SLP(C) No.4873/2022)-Decided on 20-11-2023
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