Supreme Court - Daily Orders
Vinod Kumar Gupta And Anr Etc vs State Of Rajasthan on 11 February, 2020
Bench: Sanjay Kishan Kaul, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1917/2012
VINOD KUMAR GUPTA AND ANR Appellant(s)
VERSUS
STATE OF RAJASTHAN & ANR. Respondent(s)
WITH
C.A. No. 1950/2012 (XV)
C.A. No. 1949/2012 (XV)
C.A. No. 1857/2012 (XV)
CIVIL APPEAL NO.1631/2020
[@ SLP(C) No. 7837/2012 (XV)]
C.A. No. 3392/2012 (XV)
O R D E R
Delay condoned.
Leave granted in SLP [C] No.7837/2012. We have looked at the judgment of three Judges Bench of this Court in Sanjay Singh & Anr. v. UP Public Service Commission, Allahabad & Anr. - (2007) 3 SCC 720 which has been dealt with in extenso in the impugned order and the method of scaling in computing the result has been upheld. It is this very principle which has been applied in relation to recruitment in question of the year 2007.
Learned counsel for the appellants endeavours to persuade us that such scaling results in inequalities and arbitrariness and despite the judgment of Three Judges’ Bench of this Court, it is a Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2020.02.15 matter liable to be referred to a Larger Bench. 12:48:11 IST Reason:
We are not persuaded.
Learned counsel for the appellant has next drawn our attention 2 to the operative part of the judgment to contend that the Supreme Court did give relief albeit to do complete justice inter se the parties. This power has been exercised under Article 142 of the Constitution of India in a given scenario where the aspect was tested for the first time and the adjudication took place in a period of less than two years. In the present case, that principle of scaling can be applied, stood settled in terms of the judgment in Sanjay Singh (supra) and thus, nothing new was done. It is also the passage of time of 13 years between list being drawn applying the principle of scaling and now. In view of all the aforesaid reasons, we are not inclined to interfere with the impugned judgment. The appeals are dismissed.
……………………………………...J. [SANJAY KISHAN KAUL] ……………………………………...J. [K.M. JOSEPH] NEW DELHI;
FEBRUARY 11, 2020.
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ITEM NO.107 COURT NO.12 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 1917/2012 VINOD KUMAR GUPTA AND ANR ETC & ANR. Appellant(s) VERSUS STATE OF RAJASTHAN & ANR. Respondent(s) WITH C.A. No. 1950/2012 (XV) C.A. No. 1949/2012 (XV) C.A. No. 1857/2012 (XV) FOR INTERVENTION APPLICATION ON IA 7933/2019 FOR EXEMPTION FROM FILING O.T. ON IA 7934/2019 IA No. 7934/2019 - EXEMPTION FROM FILING O.T. IA No. 7933/2019 - INTERVENTION APPLICATION) SLP(C) No. 7837/2012 (XV) (FOR CONDONATION OF DELAY IN FILING ON IA 1/2012 IA No. 1/2012 - CONDONATION OF DELAY IN FILING) C.A. No. 3392/2012 (XV) Date : 11-02-2020 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) Mr. Aditya K. Dubey, Adv.
Mr. Rajesh Kumar Pandey, Adv. Mr. Ashish Kumar Pandey, Adv. Mr. Devvrat, AOR Mr. Shankar Divate, AOR Ms. K. V. Bharathi Upadhyaya, AOR For Respondent(s) Mr. Ashish Kumar, AAG Ms. Sangeeta Bharti, Adv. Mr. Shakti Verma, Adv.
Mr. Jordan R., Adv.
Mr. Surya Kant, AOR Mr. Jayesh Kumar, Adv.
Mr. Pranav Vyas, Adv.
Ms. Priyanka Tyagi, Adv. Ms. Pragati Neekhra, AOR 4 Mr. Milind Kumar, AOR Ms. Ruchi Kohli, AOR Mr. Ansar Ahmad Chaudhary, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted in SLP [C] No.7837/2012. The appeals are dismissed in terms of the signed order. Pending applications stand disposed of.
(ASHA SUNDRIYAL) (PRADEEP KUMAR) AR CUM PS BRANCH OFFICER
[Signed order is placed on the file]