Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2001 UTTRANCHAL SUBORDINATE ENGINEERING SERVICE (EMERGENCY DIRECT RECRUITMENT) RULES |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | UTTRANCHAL SUBORDINATE ENGINEERING SERVICE (EMERGENCY DIRECT RECRUITMENT) RULES, 2001: r.5(4) - Selection for the post of Junior Engineer under the 2001 Rules - Advertisement and the 2001 Rules did not provide any weightage to be given to trained apprentices - Rules 2001 ceased to exist on 11.11.2002 - On 31.7.2003, 2003 Rules framed - Rules 2003 superseded all existing Rules but Rule 5(4) of 2001 Rules was transposed by Rule 5(4) of the 2003 Rules - Rule 5(4) of the 2003 Rules provided that the marks obtained in the written examination and the marks obtained in the interview shall be increased by 10 extra marks in case of trained apprentices - Claim by respondents-writ petitioners to make selection after giving benefit of 10 additional marks to the candidates for completed apprenticeship - Held: All the candidates including the respondents participated in the selection process under 2001 Rules being fully aware that no preference was given to the trained apprentices - Therefore, it cannot be said that any vested right had accrued to the trained apprentices, under the 2001 Rules - The Rules of 2003 came into force on 31. 7. 2003 and no retrospective effect was given to it - The 2003 Rules could not have the effect of amending the 2001 Rules which had already ceased to exist in terms of Rule 6 thereof w.e.f. 11.11.2001 - It was wholly impermissible to alter the selection criteria which was advertised in 2001 - As no preference was given to the trained apprentices in 2001 Rules, many eligible candidates in that category may not have applied - Therefore, giving such preference would be clear infraction of Article 14 of the Constitution of India - Service law - Selection. CIRCULAR/GOVERNMENT ORDERS/NOTIFICATION: Executive orders - Binding effect of - Held: The executive orders cannot supplant the rules framed under the proviso to Article 309 of the Constitution of India - Such executive orders/instructions can only supplement the rules framed under the proviso to Article 309 of the Constitution of India. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2014 INSC 160 |
Petitioner | Public Service Commission, Uttaranchal |
Respondent | Jagdish Chandra Singh Bora & Anr. Etc. |
SCR | [2014] 3 S.C.R. 1026 |
Judgement Date | 2014-03-03 |
Case Number | 3034 |
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