Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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AIR 2005 SUPREME COURT 137
Writ Petition (C) No.215 of 2002
D.D. 27.10.2004
Hon’ble Y.K.Sabharwal and D.M.Dharmadhikari, JJ
Virender Singh Hooda and Others ... Petitioners
Vs.
State of Haryana & another ... Respondents
Recruitment – Validity of the Haryana Civil Service (Executive Branch) and Allied Services,
Common/Combined Examination Act 2002.
(A) Haryana Civil Service (Executive Branch) and Allied Services and Other Services, Common/
Combined Examination Act (4 of 2002), S. 1 – Validity – Act repealing circulars, basis of Supreme
Court decisions in AIR 1999 SC 1701 : 1999 AIR SCW 1327 : 1999 Lab IC 1838 (Virender
S.Hooda’s case) and C.A.No.7422 of 1999, D/- 9-11-2000 (reported in 2002 (10)SCC 549)
(Sandeep Singh’s case) – Not ultra vires, except to the extent it takes away appointments already
made in implementation of Supreme Court decision much before enforcement of Act
Constitution of India, Arts. 245, 14.
Haryana PSC
It cannot be said that vested rights cannot be taken away by legislature by way of retrospective
legislation. Taking away of such right would, however, be impermissible if violative of Arts. 14, 16 and
any other constitutional provision. (paras 49, 59)
It cannot be said that the effect of the writs issued by the Courts cannot be nullified by legislature by
enacting a law with retrospective effect. The question, in fact, is not of nullifying the effect of writ
which may be issued by the High Court or Supreme Court. The question is of removing the basis
which resulted in issue of such a writ. If the basis is nullified by enactment of a valid legislation which
has the effect of depriving a person of the benefit accrued under a writ, the denial of such benefit is
incidental to the power to enact a legislation with retrospective effect. Such an exercise of power
cannot be held to be usurpation of judicial power. The repeal of the circulars was permissible. In the
instant case, the circulars were validly repealed by the impugned Act and it made the law declared in
1999 AIR SCW 1327 : AIR 1999 SC 1701 : 1999 Lab IC 1838, Hooda’s case ineffective. Therefore,
it would not be the case of usurpation of judicial power by the legislature. The legislature has removed
the basis of the Supreme Court decision in C.A.No.7422 of 1999 D/- 9-11-2000 (reported in 2002
(10 SCC 549). The Act is also not violative of Arts. 14 and 16 of the Constitution of India. The
candidates have right to posts that are advertised and not the one which arise later for which a separate