Case Analysis: Anmol Kumar Tiwari & Ors. V. State of Jharkhand & Ors.

Case Number

Civil Appeal Nos. 429-430 of 2021.

Equivalent Citation

LL 2021 SC 102.

Bench

L. Nageswara Rao & Indira Banerjee.

Decided on

18 February 2021.

Relevant Act/ Section

Article 14 and 16 of the Indian Constitution.

Brief Facts and Procedural History

In 2008, the Home Department of Jharkhand govt. published an advertisement regarding Sub-Inspector’s post. After the written exam and interview were completed, the final list of selected candidates was published. But afterward, it was found that some irregularities had taken place in the selection process. So the Govt. formed a High- Level State Committee to check if the irregularities had taken place or not. The Deputy Inspector General of Police of Jharkhand submitted a report claiming that the list was wrongly prepared and the candidates who scored more were not appointed but the candidates who scored less than were appointed. Then a revised list was published in which they terminated the candidates with low marks and appointed the candidates with high marks. The candidates who were terminated challenged this list in the High Court saying that it is not their mistake rather it is the government’s mistake that they made the wrong list and so why should they bear the consequences. The Hon’ble High Court dismissed their writ petition, so the candidates (whose services were terminated) approached to Supreme Court.

Issues Before the Court

The main issue was related to the claim of the intervenors in the Writ Petitions for an appointment.

Ratio of the Case

In this case, the Hon’ble Supreme Court said that appointing candidates with lesser merit would be in violation of Articles 14 and 16 of the Indian Constitution of those candidates who scored more marks.

Decision of the Court

The Hon’ble Supreme Court gave an important judgment which said that there should be no doubt that the selections for public employments will only be made on the basis of merit. So, appointing candidates with lesser merit would be in violation of Articles 14 and 16 of the Indian Constitution of those candidates who scored more marks.

This case analysis is written by Priyanka Choudhary, currently pursuing BALLB from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

This case analysis is edited by Shreya Litoria, currently pursuing B.Com LLB from Banasthali Vidyapith University, Jaipur.

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