Judicial discretion only when there are more that two lawful solution and not against statute or rules
The Supreme Court in Anurag Kumar Singh & Ors. Vs. State of Uttarakhand, has observed that courts, in exercise of judicial discretion, cannot give any direction contrary to the statute or rules made there under and it is to be exercised only when there are two or more possible lawful solutions. The Bench comprising Justice Shiva Kirti Singh and Justice L. Nageswara Rao made this observation while upholding a judgment of High Court of Uttarakhand, wherein it had issued a direction to restrict the selection of assistant prosecuting officers only to the number of posts that were advertised. The Bench, observing that the aspirants who participated in the selection, which was initially for 38 posts and later increased to 74 posts, could not be appointed due to the judgment of the High Court which directed the selection to be only for 38 posts, said: “In view of there being no fault on the part of the appellants, we examined whether we could exercise our judicial discretion to direct...