Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | minimum qualifying marks selection |
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 Allowed |
Headnote | ARUNACHAL PRADESH PUBLIC SERVICE COMBINED COMPETITIVE EXAMINATION RULES, 2001: r. 11 read with r. 12 - Fixing of minimum qualifying marks subsequent to the advertisement - Held: Rule does not mandate the Commission to fix and to disclose minimum qualifying marks in Preliminary Examination and Main Examination either in the advertisement or before conducting the examination - After the two examinations, Commission is empowered to shortlist the candidates and to summon them for an interview for personality and other tests - Power exercised by the Commission under r. 11 fixing the qualifying marks in the written examination in the process of conducting the recruitment test cannot be interfered with by the Court - However, the Rule does not empower the Commission to fix qualifying marks in viva voce test which has rightly not been done by it.The appellant State Public Service Commission issued an advertisement dated 25. 7 .2006 inviting applications through Combined Competitive Examination to various Group A and Group B posts under the State G Government. Prior to completion of main examination, the State by OM. dated 7 .1.2008 declared the cut-off marks as 33% or more for all subjects in each written examination. The Commission adopted the OM by its decision/Notification dated 16.4.2008. The Division Bench of the High Court, held that OM dated 7.1.2008 and the Notification dated 16.4.2008 could not be made operative in the midst of continuation of the selection process which was initiated pursuant to advertisement dated 25.7.2006. In the instant appeal filed by the Commission, the question for consideration before the Court was: whether after commencement of recruitment process, the appellants were justified in fixing the minimum 33% qualifying marks in all the subjects in order to appear in the viva voce test. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 296 |
Petitioner | Arunachal Pradesh Public Service Commission & Anr. |
Respondent | Tage Habung & Ors |
SCR | [2013] 2 S.C.R. 1134 |
Judgement Date | 2013-05-01 |
Case Number | 4168 |
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