Dharaben Dhansukhbhai Joshi vs Gujarat Gaun Seva Pasandgi Mandal ... on 21 April, 2022
The Hon'ble Supreme Court referring to the decision in the case of
Umeshchandra Shukla vs. Union of India, held that hard cases cannot
be allowed to make bad law. A strict construction of the rules must be
permitted to operate and the High Court cannot hold otherwise when the
rules are such which permit imposing debarment. The observations of the
Supreme Court "hard cases make bad law" is emphasized to submit that it
may be unfortunate that a candidate is debarred from undertaking a public
examination but the fact remains that once having been found in
possession of mobile phone which was prohibited, no mercy can be
shown to such a candidate.