Food Corporation Of India vs Rimjhim on 9 April, 2019
The Apex Court in
Food Corporation of India (supra), has held as under:
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1 - 5 of 5 (0.17 seconds)Dolly Chhanda vs Chairman, Jee & Ors on 5 October, 2004
8. Following the dictum of the Hon'ble Supreme Court in case of
Dolly Chhanda (supra), the Coordinate Bench of this Court in
S.B. Civil Writ Petition No.2025/2020: Saroj Kumari Vs.
State of Rajasthan & Ors. and another connected matter
decided on 5.3.2020, allowed writ petitions and issued directions
to give the appointment to petitioners.
Charles. K. Skaria vs Dr.C.Mathew on 19 March, 1980
(Charles K. Skaria case) (supra)
"20. There is nothing unreasonable or
arbitrary in adding 10 marks for holders of
a diploma. But to earn these extra 10
marks, the diploma must be obtained at
least on or before the last date for
application, not later. Proof of having
obtained a diploma is different from the
factum of having got it. Has the candidate,
in fact, secured a diploma before the final
date of application for admission to the
degree course? That is the primary
question. It is prudent to produce evidence
of the diploma along with the application,
but that is secondary. Relaxation of the
date on the first is illegal, not so on the
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[2023/RJJP/002316] (6 of 8) [CW-1229/2022]
second. Academic excellence, through a
diploma for which extra mark is granted,
cannot be denuded because proof is
produced only later, yet before the date of
actual selection. The emphasis is on the
diploma; the proof thereof subserves the
factum of possession of the diploma and is
not an independent factor ..... Mode of
proof is geared to the goal of the
qualification in question. It is subversive of
sound interpretation and realistic decoding
of the prescription to telescope the two and
make both mandatory in point of time.
Saroj Kumar And Anr vs State (Panchayati Raj Dep )Anr on 19 December, 2013
In Saroj Kumari (supra),
facts were similar to the present case and therefore, the ratio is
squarely applicable to the present case as well.
Article 226 in Constitution of India [Constitution]
1