Search Results Page
Search Results
1 - 10 of 10 (0.74 seconds)
Patel Naishadkumar Gopal Krushna vs Gujarat Public Service Commission & 117 on 16 August, 2016
cites
Article 14 in Constitution of India [Constitution]
Tej Prakash Pathak & Ors vs Rajasthan High Court & Ors on 20 March, 2013
But at the
same time it is to be noticed that in the judgment of Tej
Prakash Pathak and others Vs. Rajasthan High Court and
others, reported in (2013) 4 SCC 540 (supra), a distinction was
drawn in cases where change of rules insofar as the prescription
of eligibility criteria to that of procedure for selection, as it was
Page 22 of 28
HC-NIC Page 22 of 28 Created On Wed Aug 17 02:15:42 IST 2016
C/LPA/244/2016 CAV JUDGMENT
held that when change sought is to impose more rigorous
scrutiny for selection. The matter was referred to Larger
Bench of the Hon'ble Supreme Court. In absence of any change
in the eligibility criteria for selection, we are of the view that the
judgment relied on by the learned senior counsel for the
appellants would not render any assistance to support their
case.
Census Commissioner & Ors vs R.Krishamurthy on 7 November, 2014
Further reliance is
also placed by the learned Advocate General on a decision in the
case of Census Commissioner and others Vs. R.
Krishnamurthy, reported in (2015) 2 SCC 796 (supra), in
support of his argument that when conscious decision was taken
to meet with the peculiar situation that has arisen in larger
interest by way of policy which has resulted into amendment of
rules, as such the same is not open to strict scrutiny by this
Court, as much as no rights of the appellants are infringed. In
para 33 of the said judgment the Hon'ble Supreme Court has
observed as under:
Public Service Commission, ... vs Jagdish Chandra Singh Bora & Ors on 3 March, 2014
20. Further, the learned Advocate General, in support of his
arguments, has placed reliance on the judgment in the case of
Page 25 of 28
HC-NIC Page 25 of 28 Created On Wed Aug 17 02:15:42 IST 2016
C/LPA/244/2016 CAV JUDGMENT
Nagraj and others Vs. State of Andhra Pradesh and
another, reported in A.I.R. 1985 SC 551 (supra), in which the
Hon'ble Supreme Court has held that every decision has to be
examined on its own merits in order to determine whether
action taken is arbitrary or unreasonable.
State Of Mp. & Ors vs Mala Banerjee on 17 March, 2015
However, the judgment relied on by the learned
senior counsel for the appellants in the case of State of
Madhya Pradesh and others Vs. Mala Banerjee, reported in
(2015) 7 SCC 698, in which the Hon'ble Supreme Court has held
that no policy decision can be taken contrary to law, also would
not render any assistance in support of the case of the
appellants, as much as rules framed under the proviso to Article
309 of the Constitution of India were already amended and
amendment is not the subject matter of challenge. As such the
said judgment also would not render any assistance to the
appellants.
Yogesh Yadav vs Union Of India And Ors on 16 August, 2013
19. On the other hand, in the case of Yogesh Yadav Vs.
Union of India and others, reported in (2013) 14 SCC 623
(supra), when benchmark was fixed, after selection process was
commenced, the Hon'ble Supreme Court has held that such
benchmark is permissible in law and it would amount to
changing rules of the game mid-way. In para 13 of the said
judgment the Hon'ble Supreme Court has held as under:
Jaipur Development Authority & Ors vs Vijay Kumar Data & Anr on 12 July, 2011
In the judgment in the case of Jaipur Development
Authority and others Vs. Vijay Kumar Data and another,
reported in (2011) 12 SCC 94 (supra), the Hon'ble Supreme
Court has held that executive actions of Government of India
and the State Governments are required to be taken and
executed in the name of President or Governor of the State
concerned. It appears that decision is pressed into service only
to support the plea that though policy decision was taken by the
Government to call for candidates equivalent to 25 times of the
vacancies from those who are qualified in the preliminary
examination, but there is no such written policy for the same,
but as much as there is notification dated 10.03.2016, by which
decision of the Government is culminated into amendment of
the rules on the subject by adding proviso which empowers the
respondent- authorities to call for candidates equivalent to 25
times of total number of vacancies. So far as advertisement
No.9 of 2014-15 dated 10.06.2014 is concerned such policy also
Page 23 of 28
HC-NIC Page 23 of 28 Created On Wed Aug 17 02:15:42 IST 2016
C/LPA/244/2016 CAV JUDGMENT
would not render any assistance in support of the case of the
appellants.
Article 16 in Constitution of India [Constitution]
Yogesh Sethi, D'Man Grade-Iii vs Union Of India (Uoi) And Ors. (Through ... on 22 March, 2007
(ii) Yogesh Yadav Vs. Union of India and others, reported in
(2013) 14 SCC 623,
Page 17 of 28
HC-NIC Page 17 of 28 Created On Wed Aug 17 02:15:42 IST 2016
1