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Amitkumar Kashibhai Patel vs State Of Gujarat Through Secretary & 3 on 10 August, 2017 cites

State Of J & K & Ors vs Sat Pal on 5 February, 2013

16. Mr.Vijay Patel, learned advocate has further relied upon a decision in the case of State of Jammu & Kashmir v. Sat Pal (Supra), in which the issue came to be dealt with by the Apex Court while dealing with a situation where the post of Page 42 of 56 HC-NIC Page 42 of 56 Created On Mon Aug 21 15:58:16 IST 2017 C/LPA/1093/2014 CAV JUDGMENT Junior Engineer (Civil, Grade-II) became vacant and therefore, an opportunity of employing persons, who are figured immediately after the name of selected candidate in the merit list upon representation, have been given an appointment and therefore, here also such a situation has arisen where undisputedly, the petitioners of second group of petitions are the next candidates immediately after those who are to be discontinued and therefore, the posts which are falling vacant on account of that situation, the petitioners of second group of petitions having found immediately next in the merit list, deserve to be employed and that has rightly been appreciated by the learned Single Judge while issuing final direction and disposing of the group of petitions and therefore, by referring to these decisions, an assistance is sought for to claim relief as prayed for in the petitions, which according to us, rightly have been appreciated by the learned Single Judge and therefore, we feel no infirmity in the order passed and the benefit extended to the petitioners of second group of petitions.
Supreme Court of India Cites 5 - Cited by 44 - J S Khehar - Full Document

Union Of India And Ors vs Mohd. Ramzan Khan on 20 November, 1990

In addition thereto, Mr.D.G.Shukla has further drawn our attention to yet another decision in case of Union of India & Anr. v. Mohd. Ramzam Khan (Supra), in which while dealing with a disciplinary proceedings and in that context while examining the right of the delinquent to know the finding and punishment imposed by Inquiry Officer, the Supreme Court has dealt with an issue related to supply of inquiry report to the delinquent. Now, here the case on hand has got a different set of circumstance altogether in which the inquiry is not a disciplinary inquiry at all, but the inquiry was related to examine the veracity of the sports quota certificate and thereby, a claim with regard to 5% weightage and therefore, in view of settled position of law that if there is a slight change in the fact, it would make a world of difference in applying principles of law laid down by the Court. We found that this decision has, therefore, no bearing and hence, accepting the said proposition laid down by the Supreme Court, we are unable to extend the same on case on hand.
Supreme Court of India Cites 4 - Cited by 668 - R B Misra - Full Document

State Of Orissa & Anr vs Rajkishore Nanda & Ors Etc. Etc on 3 June, 2010

23. Another decision which is sought to be relied upon by Mr.H.S.Munshaw, learned advocate, is in the case of State of Orissa & Anr. v. Rajkishore Nanda & Ors., (supra), in which the select list cannot be treated as perpetual reservoir for the purpose of appointment as held by the Supreme Court. It has been propounded in the said decision that if the selection process is over whereby the select list has expired and appointments have been made, no relief can be granted Page 52 of 56 HC-NIC Page 52 of 56 Created On Mon Aug 21 15:58:16 IST 2017 C/LPA/1093/2014 CAV JUDGMENT by the Court subsequently on the basis of expired select list. Whereas, herein in the background of present fact the recruitment process which was undertaken is of 785 posts of Vidyasahayaks, out of which upon detailed inquiry, only 84 appointments have been found not in consonance with the terms of the advertisement and it is also found by the competent authority that those candidates are not entitled to be appointed and therefore, those 84 posts which have fallen vacant, the petitioners of second group of petitions which are undisputedly coming next in the queue and have been found to be suitable and have been accommodated and a fact is also to be noticed that the interim order by virtue of which some of the petitioners have been accommodated of second group of petitions, the said interim order appears to have not been disturbed and therefore, some of the petitioners of second group of petitions have been accommodated and therefore, there appears to be a slight distinction in the background of facts of the case on hand and therefore, we are unable to find any justification to apply the ratio laid down by the Supreme Court which is based on a different set of circumstance.
Supreme Court of India Cites 23 - Cited by 238 - B S Chauhan - Full Document

Bank Of India & Anr vs Avinash D. Mandivikar & Ors on 14 September, 2005

19. Yet another decision which has been pressed into service by Mr.K.B.Pujara, learned advocate, is in the case of Bank of India v. Avinash D. Mandivikar & Ors. (Supra), wherein also in almost similar set of circumstance, a caste certificate regarding ST/ caste certificate was found to be not trustworthy and was obtained fraudulently. While dealing with such a situation, even after a period of long lapse, the same would not give equity in favour of such candidate as held and therefore, the Supreme Court was pleased to uphold the order of termination / cancellation of appointment. While disposing of the said case, the Supreme Court observed that by giving protection for even a limited period, the result would be that a person who has legitimate claim shall be deprived of the benefit and on the other hand, a person who has obtained it Page 44 of 56 HC-NIC Page 44 of 56 Created On Mon Aug 21 15:58:16 IST 2017 C/LPA/1093/2014 CAV JUDGMENT by illegitimate means, would continue to enjoy it notwithstanding clear finding that he does not have a shape of right even to be considered for appointment. Relevant extract of the said decision are reproduced hereinafter :
Supreme Court of India Cites 8 - Cited by 204 - A Pasayat - Full Document

Union Of India vs Dattatray S/O Namdeo Mendhekar & Ors on 15 February, 2008

17. Mr.K.B.Pujara, learned advocate has also almost on a similar line has drawn our attention to some of the decisions delivered by this Court as well as the Supreme Court. One such decision in the case of Union of India v. Dattatray s/o Namdeo Mendhekar & Ors.(Supra), in which also the Supreme Court was confronted with the situation to deal with reliance of fake caste / tribe certificates for securing the appointment and upon an inquiry, it was found that the caste certificate since relied upon was not genuine, the appointment appears to have been rightly cancelled. But in that particular case, the resignation came forward and therefore, no further order was passed. However, the terminal benefits were Page 43 of 56 HC-NIC Page 43 of 56 Created On Mon Aug 21 15:58:16 IST 2017 C/LPA/1093/2014 CAV JUDGMENT ordered not to be paid.
Supreme Court of India Cites 3 - Cited by 54 - K G Balakrishnan - Full Document

State Of A.P vs M. Radha Krishna Murhty on 6 March, 2009

24. We are mindful of the fact that judicial precedent has got its own significance and has to be observed as a part of judicial discipline. But for the purpose of understanding whether the ratio decidendi is to be applied straightway or the facts are in a different compass altogether have to be evaluated and therefore, we are in aid of yet another decision of the Supreme Court in the case of State of Andhra Pradesh v. M. Radha Krishna Murthy, reported in (2009) 5 SCC 117, wherein while dealing with an issue of law of precedent, the Supreme Court has specifically propounded Page 53 of 56 HC-NIC Page 53 of 56 Created On Mon Aug 21 15:58:16 IST 2017 C/LPA/1093/2014 CAV JUDGMENT that if there is a slight change in the fact, it would make a world of difference in applying the principle laid down in the decision and therefore, keeping this proposition in mind, we are of the opinion that the judgments which have been pressed into service by learned advocate for the authority, have not that much bearing which would permit us to dislodge the finding arrived at by the learned Single Judge and therefore, we deem it proper not to disturb the order passed by the learned Single Judge. Following are some of the observations in the said decision which are relevant and reproduced hereinafter;
Supreme Court of India Cites 6 - Cited by 23 - A Pasayat - Full Document

K.T.M.T.M. Abdul Kayoom And Anr. vs Commissioner Of Income-Tax on 23 November, 1961

18. The following words of Lord Denning in the matter of applying precedents have become locus classicus: (Abdul Kayoom v. CIT, AIR P.688, Para.19) '19. "Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases, one should avid the temptation to decide cases (as said by Cordozo) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive."
Supreme Court of India Cites 7 - Cited by 198 - S K Das - Full Document

Dipti Prakash Banerjee vs Satvendra Nath Bose National Centre For ... on 10 February, 1999

12. Yet another decision which has been brought to our notice by Mr.D.G.Shukla, learned advocate is in case of Dipti Prakash Banerjje (supra) in which also, the case was with respect to termination of probationer and the concerned order has got the effect of stigma and from that context, the Supreme Court was examining whether the probationer is entitled to such departmental inquiry before termination. As stated earlier, that the background of facts has a close bearing on applicability of precedent and therefore, the case which has been referred to has got a different set of Page 39 of 56 HC-NIC Page 39 of 56 Created On Mon Aug 21 15:58:16 IST 2017 C/LPA/1093/2014 CAV JUDGMENT circumstance, we are unable to apply the same as a straitjacket formula and therefore, in this situation on hand, the decision cited by Mr.D.G.Shukla, learned advocate has no applicability in its exact term. These decisions are not only not applicable, but on the present fact we found that these concerned appellants have not been declared as ineligible for future employment in view of the irregularities inquired into by the authority, we are unable to accept the stand taken by the appellants of first group of petitions.
Supreme Court of India Cites 24 - Cited by 500 - M J Rao - Full Document
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