Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Staff Selection Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Staff Selection Commission – Eligibility under Notification – Rule of Construction – In the instant case, the respondents were applicants for different posts such as constables in Central Armed Police Forces, rifleman in Assam Rifles, etc. – They were kept out of merit list on the ground that they had failed to fulfill the eligibility requirement as notified in the Notification – Failure as alleged by the appellant authority was that one of the respondent had applied for the vacancies, the reservation with respect to which was circumscribed to a particular border district to which he was domiciled and since the vacancies in said district were not available, he could not be placed on merit list for the vacancies limited to other border district – Also the other respondent who indicated his preference for one particular service and not for other services cannot be considered for the appointment in other services on the basis of merit alone – Appellant authority also rejected one of the respondent for being considered for appointment in OBC reservation on the ground that the OBC certificate was not in a prescribed format – Respondents successfully filed appeals before High Courts – Hence instant appeals – Held: Once the vacancies are earmarked separately for different categories of border districts in the recruitment notification, it cannot be held that all border districts are to be treated alike, and hence appointment for vacancies in other border district cannot be made – Where the Notification provides for preference with respect to posts and the preference is made by the candidate with respect to only one particular post then he cannot claim appointment on other posts for which he has not made the preference on the basis of merit alone, particularly where such notification provides that the preferences so made by the candidate will be final and will not be changed under any circumstances – The question of OBC certificate to be in a prescribed format cannot be entertained in the appeal before the Apex Court as it is a question of fact and the same cannot be assessed on merits as considerable time period has lapsed and particularly in cases where physical fitness of an incumbent in an uninformed service is of utmost important. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 195 |
Petitioner | Union Of India And Ors. |
Respondent | Probir Ghosh And Ors. |
SCR | [2022] 8 S.C.R. 931 |
Judgement Date | 2022-02-17 |
Case Number | 4585 |
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