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-Kamataka Public Service Commission-Recruitment to State Civil Service-Competitive Examinations-General lnstructions (I) (XII) and (XII/-Instructions to candidates not to write Roll Numbers anywhere in the Answer Sheet except on the space provided on the front page- Breach of instruction by some candidates-Non-evaluation of answer sheets by Commission-Action of Commission held not arbitrary-Failure to provide hearing opportunity to candidates held not violative of natural justice -Directions given to grant relaxation in age and chance to avail. Natural justice-Rule of hearing-Exceptions- Rule is construed strictly in academic disciplines-It should be construed more strictly in competitive examination. The Karnataka Public Service Commission conducted competitive examinations for the State Civil Services. Clause (I) or the General Instructions to the candidates provided that the candidates should write their roll number only on the front page of the answer books in the space provided for it and not anywhere else inside the answer sheet. Clause (xii) provided that the candidates must abide by the instructions and clause (xiii) provided that failure to abide by the instructions will render them liable to expulsion from examination or such other punishment as the Commission may deem lit. Some of the candidates violated the instructions and entered their roll numbers inside the answer books. Consequently their answer books were not got evaluated by the Commission. The candidates challenged the action of the Commission before the Karnataka Administrative Tribunal which directed the Commission to get their answer books evaluated by holding that (i) no penalty was provided for breach or the instructions and (ii) the failure of the Commission to afford any opportunity to the candidates to explain their bonafide and innocence was arbitrary. Against the decision of the Tribunal the Commission and the State filed appeals in this Court. |
Judge | Hon'ble Mr. Justice R.M. Sahai |
Neutral Citation | 1992 INSC 46 |
Petitioner | Karnataka Public Service Commission And Ors. Etc. |
Respondent | B. M. Vijaya Shankar And Ors. |
SCR | [1992] 1 S.C.R. 668 |
Judgement Date | 1992-02-14 |
Case Number | 369 |
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