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M/S. Baroda Surgical (India) Pvt. Ltd. ... vs State Of Gujarat on 10 February, 2020 cites

Charles. K. Skaria vs Dr.C.Mathew on 19 March, 1980

31. The decision of the Supreme Court in Charles K. Skaria v. C. Mathew (Dr), (supra) would also not be applicable to the facts of the present case for the reason that in the facts of the said case, there was a condition in the prospectus, directing that certificates shall be produced along with the applications for admission. The purpose obviously was to have instant proof of the qualification. The Supreme Court held that a method of convenience for proving possession of a qualification is merely directory. Moreover, the prospectus itself permitted the government to modify the method. In this view, the court found nothing objectionable with the government directive to the selection committee, nor in the communication to the selection committee by the university, nor even in their taking into consideration and giving credit for diplomas although the authentic copies of the diplomas were not attached to the application for admission. The court observed that a hundred examples of absurd consequences can be given if the substance of the matter was to be sacrificed for mere form and prescriptions regarding procedures. Thus, the above case was one where a condition was relaxed as such condition had been inserted only as a Page 57 of 60 Downloaded on : Sun Jun 14 13:54:36 IST 2020 C/SCA/23050/2019 JUDGMENT method of convenience; whereas in the present case, without there being a condition for making any disclosure, the petitioner - company has been disqualified on such ground.
Supreme Court of India Cites 6 - Cited by 230 - V R Iyer - Full Document
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