Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Service – Punjab Superior Judicial Service Rules 2007– r.7(3)(c) |
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 | Judicial Service – Punjab Superior Judicial Service Rules,2007– r.7(3)(c) – Advertisement issued, inviting applications forselection to Punjab Superior Judicial Service through directrecruitment from amongst the Advocates – Appellants-candidatesappeared for the written examination – On declaration of the resultof the written examination, viva voce was held whereafter there wasvariation in the merit position of the candidates in the combinedmarks compared with just the written examination – Challenged byappellants – Held: When a candidate appears in an examinationwithout objection and is subsequently found to be not successful, achallenge to the process is precluded – Appellants not havingchallenged the advertisement at the relevant point of time, cannotbe permitted to contend that having not made the mark in the cutoff for the select l ist, something must be done to somehowaccommodate them – No relief granted to the appellants –Constitution of India – Art.309.Judicial Service – Punjab Superior Judicial Service –Advertisement issued for selection provided for the possibility ofthe number of posts being subject to variation – Post advertisementone more seat became available – Impact of – Held: This would notmandate the inclusion of a post which fell vacant subsequently, norcan there be even otherwise a compulsion on High Court tonecessarily expand the scope of the number of persons to berecruited.Judicial Service – Punjab Superior Judicial Service –Advertisement issued for selection provided for two seats for Ex-Servicemen – Held: Such reservation had no force of law in view ofr.3, 1982 Rules carving out an exception in respect of the PunjabVidhan Sabha Secretariat Service and the Punjab Superior JudicialService – Punjab Recruitment of Ex-Servicemen Rules,1982– r.3. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 517 |
Petitioner | Gurmeet Pal Singh |
Respondent | State Of Punjab & Anr. |
SCR | [2018] 6 S.C.R. 1036 |
Judgement Date | 2018-05-15 |
Case Number | 4853 |
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