Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SERVICE LAW |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SERVICE LAW:Kera/a State & Subordinate Services Rules, 1958 - Rules 14, 15, 16, 17, 18 - Post of Medical Officer (Indian System of Medicine) - Reservation in appointments - Held: High Court's decision to read a proviso into rule 14(a) is based on conjectures and surmises as to what the legislature intended - Hence not a legitimate method of interpretation High Court's reliance on annexure to Rule 15 is also not correct - Rule 14(b) has to be read consistently with Rule 14(a} - The correct interpretation of Rules 14 to 17 is that the Public Service Commission should adopt each batch of 20 candidates as a separate unit for the purpose of reservation and not take the entire list as one unit. PRINCIPLES OF INTERPRETATION:If two interpretations of the Rules are possible, the one that favows the consistent past practice should ordinarily be preferred unless it is clearly in violation of the Rules. Courts should not add or delete words in a statute or rule. When a statute is clear, it has to be read as it is and the literal rule of interpretation has to be applied. In these appeals against the judgment of the Kerala High Court, the point involved was whether a correct construction has been placed on Rules 14 to 17 of the Kerala State & Subordinate Services Rules, 1958 by the Kerala Public Service Commission while selecting candidates for the post of Medical Officer (Indian system of Medicine). |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2009 INSC 424 |
Petitioner | Nair Service Society |
Respondent | Dr. T. Beermasthan & Ors. |
SCR | [2009] 5 S.C.R. 154 |
Judgement Date | 2009-03-30 |
Case Number | 1991 |
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