NAWAL KISHOR MISHRA & ORS. Vs. HIGH COURT OF JUDICATURE OF ALLAHAB&ORS


The case was regarding the open vacancies. As per appellant since the posts advertised were by way of direct recruitment, it was meant for that particular source of recruitment, namely, “direct recruit” and all those successful candidates of that source alone, namely, ‘direct recruit’ were in the first instance eligible to be considered for being appointed to the unfilled posts of any of the categories, namely, open or OBC or SC or ST and in the event of unavailability of any candidate from that source then and then alone the High Court could have resorted to filling up of those posts by way of promotion of ‘in service candidates’. 

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