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TMI Blog2003 (7) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... red with unless it is total y irrational or tainted with malafides. Employer in its wisdom may consider a particular range of selection to be appropriate. It has not been shown as to how the fixation is irrational, much less malafide. Additionally, it is noticed that the unfilled posts were carried forward to the next year and have been filled up on the basis of selection made by the Commission. Accepting the prayer of the appellants would mean that the position which has assumec a sort of finality for more than a decade would be unsettled. Persons who have been appointed on the basis of the subsequent examination has to give way to appellant - Ashwani Kumar Singh. Though they had been impleaded but did not appear, it does not mean that som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed State Services Examination of 1987. They indicated the preference for appointment as Treasury Officer/ Accounts Officer and also for Assistant Accounts Officer as requi-ed to be indicated in the application form. The examination was conducted by the Uttar Pradesh Public Service Commission (hereinafter referred to as 'the Com mission') on the basis of requisition made by the State of U.P. Requisition for 40 vacancies was sent by the State to the Commission in July 1987. Out of said 40 vacancies, 21 were meant for General category, while 7, 1, 2, 6. 2 and 1 vacancies were meant for Scheduled Castes, Scheduled Tribes, Dependents of Freedom Fighters, Backward Classes, Retrenched Emergency / Short Service Commission Military Officers, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion that the vacancies which arose on account of selected candidates not joining, should have been filled up and that having not been done, the appointments made subsequently were illegal. The claims were resisted by the State Government and the Commission. They took the stand that there was no waiting list as such and the vacancies were carried forward to the subsequent period as required in law and persons had already been appointed on the basis of subsequent examination. A belated attempt by the appellants to get appointment is not countenanced in law. The High Court accepted the plea of the respondents and rejected the writ petitions. Mr. A. Sharan, learned senior counsel appearing for the appellants submitted that the course adopted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merit list perforce have to be appointed. Much would depend upon the statutory provisions governing the field. The Learned counsel for the appellants submitted that the direction given in Jai Narain 's case (supra) was not strictly on that basis. The plea has no substance as reading of the judgment goes to show otherwise. Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of Courts are not to be read as Euclid's theorems nor as provisions of the statute. These observations must be read in the context in which they appear. Judgments of Courts are no to be construed as statutes. To interpret words, ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper. The following words of Lord Denning in the matter of applying precedents have become locus classicus: Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect. In deciding such cases, one should avoid the temptation to decide cases (as said by Cordozo) by matching the colour of one case against the colour of another. To decide, therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive. xxx xxx xxx xxx Precedent would be followed only so f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is not permissiole in law has to be done. It would not be fair to disturb the prevailing position. It was pointed out by learned counsel for the appellant - Ashwani Kumar Singh that he has already been promoted as Accounts Officer, and the only question left is of his seniority over those who were subsequently appointed. This plea is without any substance. Since he has been promoted later on, in the absence of any statutory prescription, person who has been appointed to the higher post earlier would be logically senior to him. The High Court was, therefore, justified in rejecting the writ petition filed by the appellant - Ashwani Kumar Singh. So far as the other appellant - Brij Nath Srivastava is a concerned, his claim is based on almos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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