Supreme Court of India · 1966-03-01
B. N. NAGARAJAN AND ORS. vs STATE OF MYSORE AND ORS.
- Citation / case number
- SC 1964/90306
- Court
- Supreme Court of India
- Petitioner
- B. N. NAGARAJAN AND ORS.
- Respondent
- STATE OF MYSORE AND ORS.
- Author
- P.B. GAJENDRAGADKAR,K.N. WANCHOO,M. HIDAYATULLAHC. SHAH,S.M. SIKRI
- Bench
- P.B. GAJENDRAGADKAR, CJ,K.N. WANCHOO,M. HIDAYATULLAH,J.C. SHAH,S.M. SIKRI
Judgment text excerpt
The Supreme Court held that the appointments of 88 Assistant Engineers by the Government of Mysore were validly made under Article 162 of the Constitution, despite challenges regarding the absence of specific recruitment rules as mandated by Rule 3 of the Mysore State Civil Services (General Recruitment) Rules, 1957. The Court clarified that it is not obligatory to frame rules of recruitment under the proviso to Article 309, and the retrospective amendments made by the Governor were within the scope of executive power. The High Court's decision to allow the writ petitions was overturned.