Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2019 Clause 12.2 Assam Public Service Commission (Conduct of Business) Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Assam Public Service Commission (Conduct of Business) Procedure, 2019: Clause 12.2 – Clause 12.2 lays down that any proceeding in relation to interviews, selections or competitive examination, pending on the date of commencement of 2019 Procedure may be continued and completed in accordance with the provisions of the Rules in force prior to such commencement – By impugned order, High Court struck down the clause holding that all pending interviews/selections and competitive examinations even if occasioned by advertisements issued prior to 01.04.2019 shall be guided by the 2019 Procedure and not 2010 Rules – Held: The norms existing on the date when the process of selection begins, control the selection and the alteration to the norms would not affect the ongoing process unless the new Rules are to be given retrospective effect – In the instant case, for the recruitment process for which advertisement was issued on 21.12.2018, the 2019 Procedure (which came into effect from 01.04.2019) can have no application, particularly when the first phase of the selection i.e. the screening test was conducted under the 2010 Rules – Clause 12.2 incorporated in the 2019 Procedure makes it abundantly clear that the interviews/selection or competitive examinations pending on the date of commencement of the Procedure should be continued and completed, in accordance with the 2010 Rules – Thus, recruitment process pursuant to the advertisement issued by the APSC on 21st December, 2018 must necessarily be conducted under the selection norms as applicable on the date of the advertisement – Assam Public Service Commission (Procedure and Conduct of Business) Rules, 2010 – rr.29 and 30. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2019 INSC 1297 |
Petitioner | The Assam Public Service Commission & Ors. |
Respondent | Pranjal Kumar Sarma & Ors. |
SCR | [2019] 14 S.C.R. 1072 |
Judgement Date | 2019-11-28 |
Case Number | 9100 |
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