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august 1972

Supreme Court of India · 1972-08-16

BISHAN SARUP GUPTA vs UNION OF INDIA AND ORS(With connected civil appeals)

Citation / case number
SC 1971/60242
Court
Supreme Court of India
Petitioner
BISHAN SARUP GUPTA
Respondent
UNION OF INDIA AND ORS(With connected civil appeals)
Author
SIKRI, S.M. (),RAY, A.N.,DUA, I.D.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
Bench
SIKRI, S.M. (CJ),RAY, A.N.,DUA, I.D.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court examined Rule 4 of the Income-Tax Officers Class I, Grade II Service Recruitment Rules, affirming that the government has the authority to determine recruitment methods and the number of vacancies. The Court clarified that promotees are entitled to 1/3rd of the vacancies regardless of direct recruitment in a given year, emphasizing that the quota rule applies to vacancies the government chooses to fill. The Court held that the mandamus issued in 'Jaisinghani’s case' was limited to the years 1951-1956, and the fresh seniority list prepared by the government was not violative of this mandamus.

BISHAN SARUP GUPTA vs UNION OF INDIA AND ORS(With connected civil appeals) · Niyam