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november 2007

Supreme Court of India · 2007-11-23

Dir. S.C.T.I. For Med. Sci. & Tech. & Anr vs M. Pushkaran

Citation / case number
AIR 2008 SUPREME COURT 559
Court
Supreme Court of India
Petitioner
Dir. S.C.T.I. For Med. Sci. & Tech. & Anr
Respondent
M. Pushkaran
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that a candidate in a select list does not have a legal right to be appointed to a post, as the decision to fill or abolish posts is a management prerogative. The Court emphasized that unless there is evidence of malice or arbitrary action, the employer's discretion in such matters should not be interfered with. The Court upheld the High Court's decision which found no grounds for interference in the management's choice to contract out security services instead of filling permanent posts, affirming the principle that management decisions regarding staffing are generally not subject to judicial review.

Dir. S.C.T.I. For Med. Sci. & Tech. & Anr vs M. Pushkaran · Niyam