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Manoj Yadav & Ors. vs Surender Kumar Pandey & Ors. on 22 October, 2013

"5. We have heard the learned counsel representing the parties and have gone through the judgment of this Tribunal in Ashok Kumar (supra). We need not give reasons at this stage, as that may appears to be a final expression of opinion, or in fact any such final opinion has been formed by us, but prima facie it appears that the judgment of this Tribunal in Ashok Kumar may need reconsideration. It will be an exercise in futility to hear elaborate arguments and then refer the matter to a larger Bench, if we may find that the view taken by this Tribunal in Ashok Kumar is not correct. Thus, by observing prima facie, that the law laid down in Ashok Kumar may not be correct and the same requires reconsideration, we refer this matter to a larger Bench.
Delhi High Court Cites 20 - Cited by 0 - P Nandrajog - Full Document

Tejas Tripathi vs The State Of Madhya Pradesh on 1 April, 2024

It is a matter of public knowledge that the students focus more on clearing the Civil Judges' exam rather than concentrating on their academics. Their object is to pass the Civil Judges' exam rather than to do well in college. At the expense of college studies, they even join tutorials who coach them towards the Civil Judge exam. The same was a fact situation in the case of Mohan Kumar Singhania and others vs. Union of India and others reported in 1992 Supp (1) SCC 594 (supra), wherein the training was not being considered seriously whereas time and attention was being paid to attempt the next exam, even though they had cleared the earlier exam. On the contrary, the intention of the High Court being to obtain the best among the best, would lead to the quality dispensation of justice. It is only the best among the best, who could deliver the finest judgments. It is for this reason that merit always has precedence over mediocrity. Therefore, a mediocre student cannot be forced into the judicial service in comparison with an outstanding law graduate with a brilliant academic career.
Madhya Pradesh High Court Cites 137 - Cited by 0 - R Malimath - Full Document

Sahil Khan Behna vs The State Of Madhya Pradesh on 1 April, 2024

It is a matter of public knowledge that the students focus more on clearing the Civil Judges' exam rather than concentrating on their academics. Their object is to pass the Civil Judges' exam rather than to do well in college. At the expense of college studies, they even join tutorials who coach them towards the Civil Judge exam. The same was a fact situation in the case of Mohan Kumar Singhania and others vs. Union of India and others reported in 1992 Supp (1) SCC 594 (supra), wherein the training was not being considered seriously whereas time and attention was being paid to attempt the next exam, even though they had cleared the earlier exam. On the contrary, the intention of the High Court being to obtain the best among the best, would lead to the quality dispensation of justice. It is only the best among the best, who could deliver the finest judgments. It is for this reason that merit always has precedence over mediocrity. Therefore, a mediocre student cannot be forced into the judicial service in comparison with an outstanding law graduate with a brilliant academic career.
Madhya Pradesh High Court Cites 137 - Cited by 0 - R Malimath - Full Document

Vanshika Jain vs The State Of Madhya Pradesh on 1 April, 2024

It is a matter of public knowledge that the students focus more on clearing the Civil Judges' exam rather than concentrating on their academics. Their object is to pass the Civil Judges' exam rather than to do well in college. At the expense of college studies, they even join tutorials who coach them towards the Civil Judge exam. The same was a fact situation in the case of Mohan Kumar Singhania and others vs. Union of India and others reported in 1992 Supp (1) SCC 594 (supra), wherein the training was not being considered seriously whereas time and attention was being paid to attempt the next exam, even though they had cleared the earlier exam. On the contrary, the intention of the High Court being to obtain the best among the best, would lead to the quality dispensation of justice. It is only the best among the best, who could deliver the finest judgments. It is for this reason that merit always has precedence over mediocrity. Therefore, a mediocre student cannot be forced into the judicial service in comparison with an outstanding law graduate with a brilliant academic career.
Madhya Pradesh High Court Cites 137 - Cited by 0 - R Malimath - Full Document

Neha Kothari vs The Hon High Court Of Madhya Pradesh ... on 1 April, 2024

It is a matter of public knowledge that the students focus more on clearing the Civil Judges' exam rather than concentrating on their academics. Their object is to pass the Civil Judges' exam rather than to do well in college. At the expense of college studies, they even join tutorials who coach them towards the Civil Judge exam. The same was a fact situation in the case of Mohan Kumar Singhania and others vs. Union of India and others reported in 1992 Supp (1) SCC 594 (supra), wherein the training was not being considered seriously whereas time and attention was being paid to attempt the next exam, even though they had cleared the earlier exam. On the contrary, the intention of the High Court being to obtain the best among the best, would lead to the quality dispensation of justice. It is only the best among the best, who could deliver the finest judgments. It is for this reason that merit always has precedence over mediocrity. Therefore, a mediocre student cannot be forced into the judicial service in comparison with an outstanding law graduate with a brilliant academic career.
Madhya Pradesh High Court Cites 137 - Cited by 0 - R Malimath - Full Document

Abhishek Panchal vs The State Of Madhya Pradesh on 1 April, 2024

It is a matter of public knowledge that the students focus more on clearing the Civil Judges' exam rather than concentrating on their academics. Their object is to pass the Civil Judges' exam rather than to do well in college. At the expense of college studies, they even join tutorials who coach them towards the Civil Judge exam. The same was a fact situation in the case of Mohan Kumar Singhania and others vs. Union of India and others reported in 1992 Supp (1) SCC 594 (supra), wherein the training was not being considered seriously whereas time and attention was being paid to attempt the next exam, even though they had cleared the earlier exam. On the contrary, the intention of the High Court being to obtain the best among the best, would lead to the quality dispensation of justice. It is only the best among the best, who could deliver the finest judgments. It is for this reason that merit always has precedence over mediocrity. Therefore, a mediocre student cannot be forced into the judicial service in comparison with an outstanding law graduate with a brilliant academic career.
Madhya Pradesh High Court Cites 137 - Cited by 0 - R Malimath - Full Document

Varsha Patel vs State Of Madhya Pradesh on 1 April, 2024

It is a matter of public knowledge that the students focus more on clearing the Civil Judges' exam rather than concentrating on their academics. Their object is to pass the Civil Judges' exam rather than to do well in college. At the expense of college studies, they even join tutorials who coach them towards the Civil Judge exam. The same was a fact situation in the case of Mohan Kumar Singhania and others vs. Union of India and others reported in 1992 Supp (1) SCC 594 (supra), wherein the training was not being considered seriously whereas time and attention was being paid to attempt the next exam, even though they had cleared the earlier exam. On the contrary, the intention of the High Court being to obtain the best among the best, would lead to the quality dispensation of justice. It is only the best among the best, who could deliver the finest judgments. It is for this reason that merit always has precedence over mediocrity. Therefore, a mediocre student cannot be forced into the judicial service in comparison with an outstanding law graduate with a brilliant academic career.
Madhya Pradesh High Court Cites 137 - Cited by 0 - R Malimath - Full Document

Rameshchandra And Ors. vs Union Of India (Uoi) And Ors. on 13 May, 2004

11. We may point out that this O.M. dated 7.1.93 though within the knowledge of the applicant has not been challenged by the applicant. It is also quite clear that this O.M. was the result of the earlier litigation on the same subject. The question raised by the applicant stands decided by the decision of the Principal Bench in Alok Kumar's case as well as by the Supreme Court in the case of M.K. Singhania. The attempt made by the applicant is to obtain a review of these judgments from this Bench. This is clearly in the nature of the abuse of the process of law. When he has not challenged the O.M. dated 7.1.93 the applicant cannot be heard to say that his seniority requires to be re-fixed as per the earlier instructions or as per the Clause (viii) of his appointment order. Clause (viii) of the appointment order has become redundant in view of the O.M. dated 7.1.93 and also in view of the judgment of the Supreme Court in M.K. Singhania. He therefore, cannot be now head to say that he can be given seniority above others who were placed in the merit list by the UPSC, but who had failed to join the service in time or who did not join the service along with him. We therefore, do not find any merit in the contention of the applicant that his seniority deserves to be refixed and that the seniority given to others above him is arbitrary and illegal and unjustified."
Central Administrative Tribunal - Ahmedabad Cites 13 - Cited by 0 - Full Document
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