Manish Sahu v. Union of India

Supreme Court of India · 17 Aug 2017
Kurian Joseph; R. Banumathi
CIVIL APPEAL NO. 10574 OF 2017 @ SPECIAL LEAVE PETITION (C) NO. 16155 OF 2017
2017 INSC 767
civil appeal_dismissed

AI Summary

The Supreme Court dismissed the appeals challenging cancellation of selection for HAL trainee posts, holding no interference is warranted where no recruitment or vacancies exist.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10574 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 16155 OF 2017]
MANISH SAHU AND ANR Appellant (s)
VERSUS
UNION OF INDIA AND ORS Respondent(s)
WITH
CIVIL APPEAL NO. 10575-10576 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 16298-16299 OF 2017]
WITH
CIVIL APPEAL NO. 10577 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 16314 OF 2017]
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellants approached this Court, aggrieved by the order passed by the High Court declining to interfere with the cancellation of selection for appointment to the post of Diploma Trainees and Technician Trainees under the second respondent-Hindustan Aeronautics Ltd. (HAL) at Kanpur in terms of Advertisement No. 2 of 2011. 2017 INSC 767

3. On 31.07.2017, this Court passed the following order:- “Learned senior counsel appearing for the Hindustan Aeronautics Limited (HAL) submits that there is neither any requirement nor any recruitment for the post for which the petitioners had been selected. Learned senior counsel is directed to get instruction, within two weeks, as to whether, in such a case, in the event of any future recruitment to those posts without accommodating the petitioners why there shall be any further recruitment.”

4. Mr. V. Shekhar, learned senior counsel appearing for the second respondent - HAL has got written instruction by way of letter dated 14.08.2017, which reads as under:- “The Hindustan Aeronautics Limited-Transport Aircraft Division, Kanpur is not going for recruitment in near future against the Post(s) of Diploma Trainees and Technician Trainees as projects like IJT/MTA are yet to be materialized.”

5. In the above circumstances, these appeals are disposed of, making the proposal in the second paragraph of the order dated 31.07.2017, as extracted above, absolute. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; August 17, 2017. ITEM NO.5 COURT NO.6

SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16155/2017 (Arising out of impugned final judgment and order dated 24-03-2017 in SA No. 135/2017 passed by the High Court Of Judicature At Allahabad)

VERSUS

UNION OF INDIA AND ORS. Respondent(s) (FOR ADMISSION and I.R.) WITH SLP(C) No. 16298-16299/2017 (XI) (FOR ADMISSION) SLP(C) No. 16314/2017 (XI) Date: 17-08-2017 These petitions were called on for hearing today. CORAM: HON'BLE MR.

JUSTICE KURIAN JOSEPH HON'BLE MRS.

JUSTICE R. BANUMATHI For Petitioner(s) Mr. Manoj K. Mishra, AOR Mr. Umesh Dubey, Adv. Mr. Vijay Manohar Sahai, Adv. Mr. Prashant Kumar, AOR Mr. E. Siddharth Rao, Adv. For Respondent(s) Mr. V. Shekhar, Sr. Adv. Ms. Shashi Kiran, AOR Mr. K. Krishna Kumar, Adv. Mr. Satish Chandra, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeals are disposed of in terms of the signed non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)

COURT MASTER ASSISTANT REGISTRAR PS: Letter No. GM/TAD/943/HR (in original) dated 14.08.2017 written by General Manager, Transport Aircraft Division, Hindustan Aeronautics Limited, is annexed with this Record of Proceeding/Judgment. (Signed non-reportable Judgment is placed on the file)