Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Goa Civil Service Rules 12 – Constitution of India – Art.320 2016: r 10 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Goa Civil Service Rules, 2016: r 10, 12 – Constitution of India – Art.320 – Power of Commission, scope – Pursuant to advertisement, the respondents appeared in the computer-based screening test and cleared the same – Thereafter, they appeared in the written test and also cleared the same – Interview was scheduled and then the appellant-Commission fixed the cut-off marks for interview to be 26 out of 40 – Interview took place and respondents were declared unsuccessful – Respondents challenged before the High Court fixing of cut-off marks by the appellant-commission upon the premise that as per rr.10 and 12 of the Goa Civil Service Rules, and in light of Art.320 of the Constitution, the appellant commission had no power to fix the cut- off at 65% at the interview stage and no mention was even made in the advertisement– High Court allowed the respondents’s writ petition holding that the fixing of the 65% minimum qualifying marks in the oral interview was illegal and beyond the powers of the appellant-commission – Hence instant appeal – Held: r.10(5) declares that the marks to be allotted for written examination and oral interview is to be notified in the advertisement – Since there is no mention of minimum to be obtained by any candidate in the interview, therefore such fixing of cut-off marks by appellant- commission is beyond its powers – Service law. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 399 |
Petitioner | Goa Public Service Commission |
Respondent | Pankaj Rane & Ors. |
SCR | [2022] 5 S.C.R. 657 |
Judgement Date | 2022-04-06 |
Case Number | 2779 |
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