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Chhanda Koley vs Bharat Petroleum Corporation Ltd. & Ors on 13 September, 2018

34. The learned Judge erroneously held that the record note dated July 15, 2015 had retrospective effect on and from 2009 and as such the respondent no. 9 was entitled to offer alternate land, without considering that once the procedure for award of LPG distributorship had started and a candidate has been selected at the Draw-on-Lots, subsequent record note relaxing the eligibility criteria cannot be permitted as the same was arbitrary, illegal and discriminatory. On the issue that the rules of the game cannot be changed after the game was played or completed, reference may be drawn to the decision in P.K. Ramachandra Iyer v. Union of India reported in (1984) 2 SCC 141, wherein the Apex Court was considering the validity of a selection process under the ICAR Rules, 1977 which provided for minimum marks only in the written examination and did not envisage obtaining minimum marks in the interview. But the Recruitment Board (ASRB) prescribed a further qualification of obtaining minimum marks in the interview also. The Apex Court observed that the power to prescribe minimum marks in the interview should be explicit and cannot be read by implication for the obvious reason that such deviation from the rules is likely to cause irreparable and irreversible harm. The Apex Court held that as there was no power under the rules for the Selection Board to prescribe the additional qualification of securing minimum marks in the interview, the restriction was impermissible and had a direct impact on the merit list because the merit list was to be prepared according to the aggregate marks obtained by the candidates at the written test and interview.
Calcutta High Court (Appellete Side) Cites 16 - Cited by 7 - S Sarkar - Full Document

Surjith P vs M/O Personnel,Public Grievances And ... on 20 February, 2018

Shri Thomas Mathew further referred to P.K.Ramachandra Iyer vs. Union of India - 1984 (2) SCC 141, Umesh Chandra Shukla v. Union of India (1985) 3 SCC 721 and Durgacharan Misra v. State of Orissa - (1987) 4 SCC 646 wherein it was held by the apex court that it had no jurisdiction to prescribe the minimum marks which a candidate had to secure and that the selection committee does not possess any inherent power to lay down its own standards in addition to what is prescribed in the rules.
Central Administrative Tribunal - Ernakulam Cites 15 - Cited by 0 - Full Document
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