STATE OF RAJASTHAN & ORS Vs. ANIL VYAS

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) On a perusal of the impugned order passed by the High Court, we find that the High Court has not gone into the legality of the appointment and has decided the matter merely on the basis that the other person was continuing in service.

(3.) There is no concept of negative equality. The High Court should have examined the legality of the appointment that was in question.