JATINDER KUMAR & ORS. vs STATE OF PUNJAB & ORS.

The Supreme Court held that the provisions of Article 320(3) of the Constitution, which relate to the advice of the Public Service Commission, are directory and not mandatory, allowing the Government discretion in accepting recommendations. The Court emphasized that while the Government must adhere to the order of merit when filling vacancies, it is not obligated to appoint candidates solely based on the Commission's recommendations. The Court dismissed the appeals, finding no mala fides in the Government's decision not to appoint the appellants, as the anticipated vacancies had ceased to exist, and the selection process did not confer enforceable rights to the candidates.