Supreme Court Directs Punjab Government to Appoint Candidates for Excise and Taxation Inspector Posts
The Supreme Court of India, in the case of Manish Kathuria & Others v. State of Punjab & Others, addressed the long-pending issue of appointments for the post of Excise and Taxation Inspectors. The appellants had challenged the Punjab and Haryana High Court’s decision, which had denied them appointment on the grounds of delay.
Case Background
The case originated from a recruitment process initiated in 1999 for the post of Excise and Taxation Inspector in the State of Punjab. The appellants had approached the courts after being denied appointments, even though vacancies remained unfilled. Initially, they had sought intervention when Special Leave Petitions (SLPs) were pending before the Supreme Court. However, they were advised to approach the High Court.
When the High Court rejected their claims citing delay, they once again approached the Supreme Court. The appellants contended that they were qualified for the posts, as verified by a committee appointed by the High Court, and vacancies were still available.
Arguments of the Parties
Petitioner’s Argument:
“The appellants have been found otherwise qualified by the Committee appointed by the High Court. Since vacancies are available, denying them appointment solely on the ground of delay is unjustified. They had pursued legal remedies in good faith and should not be penalized for procedural delays.”
Respondent’s Argument:
“The recruitment process is long concluded, and fresh appointments have been made. Allowing the appellants’ claim would disrupt the existing selection process. However, we acknowledge that as of now, 76 vacancies exist across various categories, including those under the 1999 notification.”
Supreme Court’s Observations
The Supreme Court, through a bench comprising Kurian Joseph and Amitava Roy, acknowledged that the appellants had approached the Court in time but were redirected to the High Court, leading to procedural delays. The Court emphasized that justice must not be denied due to mere technicalities. The judgment stated:
“Having heard the learned counsel on both sides and having regard to the fact that the vacancies are available as of now to accommodate the appellants and also having regard to the fact that the appellants have been found otherwise qualified by the Committee appointed by the High Court, we are of the view that this is a fit case for invocation of our jurisdiction under Article 142 of the Constitution of India for doing complete justice.”
Final Judgment
In exercising its extraordinary powers under Article 142 of the Constitution, the Supreme Court directed the State of Punjab to appoint the appellants within one month, ensuring that existing appointees were not disturbed. The Court clarified:
“Accordingly, these appeals are disposed of with a direction to the respondents to appoint the appellants to the post of Excise and Taxation Inspector, within a period of one month from today, without disturbing any appointments already made, while applying the principle of horizontal reservation. In order to avoid any future litigation, we make it clear that the appellants shall be entitled to seniority only from the date of joining the service.”
The Court also allowed the appointing authority to verify the candidates’ qualifications at the time of appointment but stressed that the judgment was specific to the case’s unique circumstances and should not be treated as a general precedent.
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