Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art. 136 |
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 Disposed Off |
Headnote | Constitution of India:Art. 136 – Special Leave Petition – Maintainability of – Order(dated 11.8.2017) of competent authority of appellant, declaringappointment of 122 candidates as void ab initio – Challenged in writpetition – High Court by order dated 28.11.2017 set aside the orderdated 11.8.2017 holding that the authority failed to record thefoundational fact that it was not possible to distinguish tainted anduntainted cases; that there was possibility of all the candidatesgetting benefit of irregularities and that termination of appointmentswas without giving any opportunity of hearing to the concernedappointees – In appeal to Supreme Court, by order dated 16.3.2018liberty was granted to the appellants to approach the High Courtfor an order to re-work the answer-sheets on the basis of thecorrections – Pursuant to the liberty granted, appellants filed ReviewPetition before High Court – Review Petition was disposed of byorder dated 25.7.2018 granting liberty to the appellants to segregatetainted and untainted candidates – Appeal against the orders ofHigh Court dated 28.11.2017 and 25.7.2018 – Plea againstmaintainability of the appeal – Held: Appeal against order dated28.11.2017 was not permissible as the judgment when challengedon earlier occasion, therein Supreme Court had not granted anyliberty to challenge that judgment of the High Court afresh –Supreme Court had also not granted liberty to the appellants tochallenge the conclusion of High Court in the review application –Appellants must in the first place act upon the decision dated28.11.2017 by passing a fresh reasoned order taking into accountprevious inquiry reports and other relevant material – Therefore,challenge to the impugned judgments dated 28.11.2017 and25.7.2018 must fail. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 1061 |
Petitioner | U.p. Jal Nigam And Ors. |
Respondent | Ajit Singh Patel And Ors. |
SCR | [2018] 13 S.C.R. 804 |
Judgement Date | 2018-11-15 |
Case Number | 11017 |
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