NDLI: Priyanka Prakash Kulkarni Vs. Maharashtra Public Service Commission

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for Consideration: Appellant was not able to take benefit of female reservation on account of her inability to produce a valid Non-Creamy Layer (NCL) certificate on the last date of submission of the application form. Later, a corrigendum enabled candidates to submit an NCL certificate valid in the current financial year. However, the High Court held that since the petitioner had applied from Open General Category because she did not hold the NCL certificate, her prayer for change of category cannot be accepted. Service Law – Female Reservation – Non-Creamy Layer certificate – Change of category – Appellant contended that she did not submit her application under the ‘Reserved Female Category’ on account of her inability to obtain an NCL Certificate which was valid as on the last date of submission of the application form i.e., 01.06.2022 – However, upon the issuance of the Corrigendum, the appellants’ eligibility qua the ‘Reserved Female Category’ came to be revived as the appellant was no longer mandated to furnish an NCL Certificate which was valid as on the last date of submission of the application form but instead was called upon to furnish an NCL Certificate pertaining to current financial year: Held: Admittedly, the appellant i.e., a candidate who was scrupulously following the terms and conditions of the impugned advertisement was constrained to apply under the ‘Open General Category’ only on account of certain logistical limitations preventing her from obtaining a valid NCL Certificate – Consequently, in the absence of the requisite documents evidencing status as a person belonging to the NCL under the impugned advertisement read with the Circular i.e., a valid NCL Certificate as on the date of submission of the application form, the appellant did not mark ‘yes’ against the specific question pertaining to her status as a person belonging to the NCL – The aforenoted conduct of the appellant is bonafide – Accordingly, the appellant cannot be unfairly deprived of the benefit of female reservation merely on account of the appellant’s honesty and restraint which did not allow her to mark ‘yes’ against a column inquiring about a prospective candidates’ status as a person belonging to the NCL, in the absence of the underlying supporting document – Additionally, other similarly situated candidates have been granted the benefit under the Corrigendum; and their otherwise defective applications have now been considered by the Respondent – The High Court adopted a hypertechnical interpretation of the instructions without appreciating that such an interpretation would nullify the effect of the Corrigendum – Impugned order set aside. [Paras 16, 17, 18]
Judge	N/A
Neutral Citation	2024 INSC 98
Petitioner	Priyanka Prakash Kulkarni
Respondent	Maharashtra Public Service Commission
SCR	[2024] 1 S.C.R. 1223
Judgement Date	2024-01-29
Case Number	1982

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Priyanka Prakash Kulkarni Vs. Maharashtra Public Service Commission

Please Log-in to view this content

Maharashtra Public Service Commission Vs. Dr. Bhanumati Purushottam Tathod and Ors.

Haryana Staff Selection Commission Vs. Priyanka & Ors. Etc. Etc.

Karnataka Public Service Commission Vs. P.s. Ramakrishna

Mohsin Unissa Vs. Tamil Nadu Public Service Commission

Gurmesh Prakash Bishnoi Vs. State of Haryana and Ors.

Union of Public Service Commission Vs. Gaurav Dwivedi and Ors .

Praveen Kumar C.p Vs. Kerala Public Service Commission & Ors.

P. Suseela Devi Vs. Kerala Public Service Commission and Ors.

Andhra Pradesh Public Service Vs. Kota Lingeswara Rao & Ors.

Priyanka Prakash Kulkarni Vs. Maharashtra Public Service Commission

Priyanka Prakash Kulkarni Vs. Maharashtra Public Service Commission

Please Log-in to view this content

Similar Documents

Maharashtra Public Service Commission Vs. Dr. Bhanumati Purushottam Tathod and Ors.

Haryana Staff Selection Commission Vs. Priyanka & Ors. Etc. Etc.

Karnataka Public Service Commission Vs. P.s. Ramakrishna

Mohsin Unissa Vs. Tamil Nadu Public Service Commission

Gurmesh Prakash Bishnoi Vs. State of Haryana and Ors.

Union of Public Service Commission Vs. Gaurav Dwivedi and Ors .

Praveen Kumar C.p Vs. Kerala Public Service Commission & Ors.

P. Suseela Devi Vs. Kerala Public Service Commission and Ors.

Andhra Pradesh Public Service Vs. Kota Lingeswara Rao & Ors.

Priyanka Prakash Kulkarni Vs. Maharashtra Public Service Commission