Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Modification of selection process Cut-off marks Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of 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 Allowed |
Headnote | Service Law – Modification of selection process – Cut-off marks reduced after results were published to facilitate the inclusion of candidates constituting horizontal reservation – Impermissibility of – Held: An advertisement made pursuant to a notification binds the parties – It has got all the trappings of a statutory prescription, unless contrary to either a rule or an Act – A change, if any, can only be brought by an amendment and nothing else – Such amendment even if permissible, can be tested on the touchstone of Art. 14 – It cannot be introduced to give an entry to a special reservation, in a case where a right becomes accrued to a candidate, under a policy decision reduced in the form of an advertisement, to be considered for a post in the absence of any eligible candidate from the horizontal category – In the present case, the Selection Committee reduced the marks to facilitate the horizontal reservation by treating it as a vertical reservation – Rules do not provide for such reservation to be treated as a vertical one – Admittedly, the appellants are entitled to get the respective post as per the advertisement issued – Further, fixing cut-off marks for a particular category has got a rationale behind it – Reducing it only for the purpose of providing employment to a particular category, when the others have already acquired some right would be an affront to Art.14 – Furthermore, relevant clauses in the advertisement do not confer unbridled power either on the State Govt. or the Selection Committee to modify the selection process and reduce the cut-off marks after the results are published – Order of Division Bench set aside – However, on facts, private respondents belonging to the special category comprising of women, ex-servicemen and physically challenged be considered to be accommodated in their respective reserved category, provided they do not exceed the percentage of reservation permissible, without upsetting the appointment of the appellants and others similarly placed and subject to their eligibility – Constitution of India – Articles 14, 142. |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2023 INSC 145 |
Petitioner | Sureshkumar Lalitkumar Patel & Ors. |
Respondent | State Of Gujarat & Ors. |
SCR | [2023] 2 S.C.R. 543 |
Judgement Date | 2023-02-20 |
Case Number | 1355 |
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