Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1979 Jammu & Kashmir Medical Education (Gazetted) Services Recruitment Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Jammu & Kashmir Medical Education (Gazetted) Services Recruitment Rules, 1979:Nature of-Held: The Rules were framed under S. 124 of the J & K Constitution, which corresponds to Art. 309 of the Constitution of India-- The said Rules are, therefore, statutory in nature-The Public Service Commission must scrupulously follow these Rules while making the selection process-The Commission must lay down the procedure strictly in consonance with the statutory Rules-Therefore, it cannot take any action which violates the.statutory Rules or make the same inoperative-The Commission, therefore, cannot fix any cut-off marks even for short listing the candidates-J & K Constitution Ss. 124 and 133.J & K Public Service Commission (Business & Procedure) Rules, 1980: Recruitment-Selection-Lecturers in medicine-Viva voce-100 marks allotted for-Validity of-Held: ls a clear breach of R. 8 of the 1979 Rules, which is statutory in nature.Recruitment-Selection-Lecturers in medicine-Viva voce-100 marks allotted for-Effect of-Held: No hard-and-fast rule of universal application can be laid down for allocation of marks for viva voce-However, when such allocation is capable of being abused or misused in its exercise it is liable to be struck down being violative of Art. 14-Direction issued to recast the Rules.Rule 51-Selection-Lecturers in medicine-Public Service Commission allotted marks for games/sports and NCC achievements-100 marks also allotted for viva voce-But such allocation not stipulated under statutory Rules-One candidate was awarded minimum marks, whereas some other candidates were awarded higher marks although they did not even fulfil the requisite criteria-Validity of-Held: Under such circumstances the said candidate entitled to be placed above the other candidates in the select list and also entitled to all consequential service benefits. Constitution of India, 1950:Article 136-Jurisdiction-Exercise of-Held: In a given case, with a view to doing complete justice between the parties, the Supreme Court may not exercise its jurisdiction-Practice and Procedure. Words & Phrases:"Post"-Meaning of-In the context of R. 51-B of the J & K Public Service Commission (Business & Procedure) Rules, 1980. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 289 |
Petitioner | Inder Parkash Gupta |
Respondent | State Of Jammu & Kashmir And Ors. |
SCR | [2004] Supp. (1) S.C.R. 453 |
Judgement Date | 2004-04-20 |
Case Number | 3734 |
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