Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules Interpretation of Statutes – Principle of harmonious construction 2002 – Recruitment Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 – Recruitment Rules – Interpretation of – Recruitment notification was issued by the appellants for the appointment of High School Assistant Teacher Grade-2 – In terms of the notification the eligibility criteria for Hindi Language Assistant in Government High School was: (i) One must be a holder of Bachelor Degree with Hindi as major subject and (ii) One must be holder of degree in Education with the concerned subject or subjects as teaching methods – Respondent No.1 was not selected on the ground that he did not possess the requisite qualification for appointment – Both Tribunal and High Court held that Respondent No.1 was entitled to be considered for selection to the post of Language Assistant – On appeal, held: The recruitment rules make a specific category for a Hindi Language Assistant by requiring a candidate to not only hold a Bachelor’s Degree but hold such a degree with Hindi as a major subject – The additional requirement under the Recruitment Rules is that the candidate must hold a degree in Education with the concerned subject (Hindi) as a teaching method – Respondent No.1 is a holder of a Bachelor’s Degree with Hindi as a major subject but does not hold a B.Ed Degree with Hindi as a teaching method – That being so, the appellants were justified in not accepting the candidature of Respondent No.1 and the Tribunal as well as the High Court were in error in granting relief to Respondent No.1 – Service Law.Interpretation of Statutes – Principle of harmonious construction – Primacy given to, and application of special law as against general law – Held: If a special provision is made on a certain matter, that matter is excluded from general provision – This principle is fully applicable to the Karnataka Education Department Services Rules which has carved out a special set of eligibility requirements for a Hindi Language Assistant and there is no challenge to such a specific requirement – Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 105 |
Petitioner | The State Of Karnataka & Ors. |
Respondent | Shankar Baburao Kangralkar & Anr. |
SCR | [2018] 1 S.C.R. 909 |
Judgement Date | 2018-02-06 |
Case Number | 1612 |
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