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Supreme Court Of India

(From : 2009 (3) AIR Jhar R 956)

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan , JJ

(A) Constitution of India , Art.226, Art.32— Public interest litigation - Service matters - Except for quo warranto PIL is not maintainable - For issuance of writ of quo warranto, High Court has to be satisfied that appointment is contrary to statutory rules. (Para 9 20) (B) Constitution of India , Art.16— Appointment - Suitability or otherwise of candidate, to a post - Is function of appointing authority - Not of Court unless appointment is contrary to statutory provisions/rules. (Para 15 20) (C) Constitution of India , Art.133— Appeal - Vacillating stand - Petition against appointment of chairman of State Electricity Board - State Govt. defended qualification, service and ultimate appointment of candidate before High Court - However changed their stand in appeal before SC - No compelling circumstance put forth except change of Government and persons in power - SC rejected stand of State Govt. being contrary to its assertion before High Court. (Para 24) (D) Electricity (Supply) Act (54 of 1948) , S.5, S.78— Bihar State Electricit....