Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scheduled Caste Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Appointment - Scheduled Caste - Held: Member of Scheduled Caste, notified in any of the States within the territories of India, having regard to the provisions contained in Article 341 of Constitution, is entitled to get the benefit of the said status for the purpose of entering into Central Civil service - On facts, respondent was Scheduled Caste - He was not appointed because of a mistake committed on part of authorities - Delay in filing original application would not be bar in granting him equitable relief - Union of India as a benevolent litigant cannot be permitted to take advantage of its own wrong - Constitution of India, 1950 - Article 341 - Equity- Delay and /aches. Government litigation: Suppression of material facts - Union of India in its list of dates, did not state that the original order of the High Court was recalled and reviewed by Division Bench of the said Court - Held: They are guilty of F suppression of material facts.Respondent applied for the post of Postman/Mail Guard and appeared in the examination held in 1997. No one qualified in the said examination. Subsequently, some otherĀ· examinations were also held in which the respondent participated. Respondent was a member of scheduled caste. He filed several representations before the various authorities contending that his candidature was not considered despite the fact that he obtained more than 30% of marks which was cut off mark for the members of scheduled castes/ tribes. There was no A # response to the said representations. He filed original application, which was dismissed on the ground of limitation and also on merit.Aggrieved respondent filed writ petition which was initially dismissed on 9.7.2004. However, a review application filed was allowed on 30.11.2004. On 11.4.2005, High Court allowed the writ petition. In appeal to this Court, appellants contended that the High Court failed to take into consideration that the respondent failed to pass the tests held in 1997 and furthermore, appeared in the subsequent examinations, had no right to be appointed and no direction for his appointment in the Post of Peon or Group 'D', thus, could be issued; and that respondent having applied against the vacancy in the 'OC' category and not in the category of 'Scheduled Caste', it was obligatory on him to obtain the qualifying marks of 45% which he failed to obtain. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 27 |
Petitioner | Union Of India And Ors. |
Respondent | Shantiranjan Sarkar |
SCR | [2009] 1 S.C.R. 242 |
Judgement Date | 2009-01-13 |
Case Number | 103 |
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