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.