Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1985-Rule 11-A Service Law : Gujarat Civil Services Classification and Recruitment (General) Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law : Gujarat Civil Services Classification and Recruitment (General) Rules, 1985-Rule 11-A and Proviso-Number of posts reserved for Scheduled Tribes remaining unfilled due to lack of persons possessed of minimum experience as prescribed in the rule-Respondents, belonging to Scheduled Tribes, having completed the period of service specified in the proviso-Held, proviso enables appointing authority to relax the rule-Respondents to be considered for promotion. Interpretation of Statutes: Harmonious construction-Rule prescribing minimum qualifying service for promotion-Proviso providing for relaxation of rule to two-thirds of qualifying period where a person having prescribed minimum experience not available-Held, proviso does not have the effect of rendering the main part of rule redundant-Proviso and rule should be harmoniously read. A number of posts reserved for STs remained unfilled due to lack of persons possessing the experience prescribed for promotions under Rule 11-A of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1985. The Proviso to Rule 11-A provides that where no persons are available possessing the requisite experience, the appointing authority may consider for promotion persons who have experience of no less than two-thirds of the period specified in the rule. The respondent- senior clerks who belonged to the Scheduled Tribes represented to the Government to accord them the benefit of the Proviso. The Government's denial was challenged in the Gujarat Civil Services Tribunal which directed the Government to consider the. cases for promotion of the respondents, giving them the benefit of the Proviso. The order was con- firmed by the High Court. On appeal, it was contended for the petitioner that the interpretation adopted by the Tribunal and the High Court would render the main part of Rule 11-A redundant, and the Proviso would become operative in each case. |
Judge | N/A |
Neutral Citation | 1995 INSC 3 |
Petitioner | Sales Tax Commissioner Etc. Etc. |
Respondent | B.g. Patel Etc. Etc. |
SCR | [1995] 1 S.C.R. 22 |
Judgement Date | 1995-01-03 |
Case Number | 1383-92 |
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