Supreme Court of India · 2013-02-13
VIJOY KUMAR PANDEY vs ARVIND KUMAR RAI .
- Citation / case number
- SC 2011/3142
- Court
- Supreme Court of India
- Petitioner
- VIJOY KUMAR PANDEY
- Respondent
- ARVIND KUMAR RAI .
- Author
- T.S. THAKUR
- Bench
- M.Y. EQBAL T.S. THAKUR
Judgment text excerpt
The Supreme Court held that the High Court's decision to allow the appeal of Arvind Kumar Rai and direct the School Service Commission to act in accordance with an earlier order was justified. The Court emphasized that the delay in the publication of the panel due to interim orders should not disadvantage eligible candidates who emerged during that period. The Court upheld the principle that the right to appointment is not absolute and is subject to the discretion of the authority, particularly when new candidates may have become eligible during the delay, thus affirming the High Court's dismissal of the writ petition.