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A.P.Public Service Commission vs Baloji Badhavath & Ors on 8 April, 2009

“32. Reading of these judgments would show that in none of these cases, Supreme Court had occasion to consider a rule similar to Rule 14(e) or the third proviso to Rule 4 of the Rules of Procedure. On the other hand, the Apex Court had generally dealt with the legal position that when relaxation or concession is given at the preliminary stage, which has no impact on the final ranking, the relaxation so given cannot have any relevance in so far as the final ranking is concerned. While we respectfully follow these principles, in our view, having regard to the fact that Rule 14(e) of the 3rd proviso to rule 4 of the Rules of Procedure govern the selection in question, the general principles laid down by the Apex Court in the judgments relied on by the learned counsel for the petitioners cannot be applied to the facts of these cases.” and distinguished three earlier judgments of this Court Chattar Singh & Others v. State of Rajasthan & Others, (1996) 11 SCC 742, Andhra Pradesh Public Service Commission v. Baloji Badhavath & Others, (2009) 5 SCC 1 and Jitendra Kumar Singh & Another v. State of Uttar Pradesh & Others, (2010) 3 SCC 119.
Supreme Court of India Cites 30 - Cited by 241 - S B Sinha - Full Document

Chattar Singh & Ors vs State Of Rajasthan & Ors on 24 September, 1996

“32. Reading of these judgments would show that in none of these cases, Supreme Court had occasion to consider a rule similar to Rule 14(e) or the third proviso to Rule 4 of the Rules of Procedure. On the other hand, the Apex Court had generally dealt with the legal position that when relaxation or concession is given at the preliminary stage, which has no impact on the final ranking, the relaxation so given cannot have any relevance in so far as the final ranking is concerned. While we respectfully follow these principles, in our view, having regard to the fact that Rule 14(e) of the 3rd proviso to rule 4 of the Rules of Procedure govern the selection in question, the general principles laid down by the Apex Court in the judgments relied on by the learned counsel for the petitioners cannot be applied to the facts of these cases.” and distinguished three earlier judgments of this Court Chattar Singh & Others v. State of Rajasthan & Others, (1996) 11 SCC 742, Andhra Pradesh Public Service Commission v. Baloji Badhavath & Others, (2009) 5 SCC 1 and Jitendra Kumar Singh & Another v. State of Uttar Pradesh & Others, (2010) 3 SCC 119.
Supreme Court of India Cites 22 - Cited by 79 - Full Document
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