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Nishant Aswani And Ors vs State Of Raj & Ors on 13 January, 2011

In the instant case, once the Commission has held screening test in exercise of powers U/r 19 of Rules, 1963, for short listing of candidates for being called for interview in the ratio of 1:2 and eligibility in terms of amendment made under Rules, 1999 vide notification dt.17/09/1999 could be examined by the Committee on the date when the applicant appeared for interview and not prior thereto; and if one does not hold minimum qualification including rotating internship of 12 months on the date of interview, certainly as held by Co-ordinate Bench in CWP-343/2011 (Nishant & Ors Vs. State) & cognate cases (supra) vide judgment dt.13/01/2011, they could not be permitted, if not eligible on the date of interview.
Rajasthan High Court - Jaipur Cites 3 - Cited by 56 - M Rafiq - Full Document

State Of Punjab And Ors vs Manjit Singh And Ors on 16 September, 2003

As regards judgment of Apex Court, on which Counsel for petitioner has placed reliance in State of Punjab Vs. Manjit Singh (2003(11) SCC 559), it was a case where the Commission while taking decision to hold screening test fixed minimum qualifying/cut off marks for general category & reserved category but there was no provision under Rules for the Commission to take such decision for fixing minimum cut off marks; and when a number of candidates in terms of the ratio fixed did not qualify with minimum cut off marks, they were not called for interview and at this stage it was observed by Apex Court that to the extent, candidates are required to be called for interview in the ratio decided by the Commission, persons with whatever percentage above or below fixed would be eligible to be called for further test and no cut off marks could have been fixed in the absence of any rule to this effect, and accordingly it was held that merely applicants did not qualify with minimum cut off marks fixed by the Commission for screening test, they cannot be held to be ineligible in participation of process of selection since over-all suitability could be adjudged by interview.
Supreme Court of India Cites 5 - Cited by 219 - B Kumar - Full Document

Bheru Singh vs State Of Rajasthan on 4 February, 1994

It was not the case of petitioners that short-listing was not permissible and the only grievance raised by petitioner is that the decision taken by the PSC was in violation of R.19 of Rules, 1963 in regard to screening test. Taking note of judgment of Division Bench in Dr.Bheru Singh Vs. State (2008(2) WLC 657) and after examining R.19 of Rules, 1963, it has been upheld that screening test could be held for short-listing candidates while being called for interview.
Supreme Court of India Cites 18 - Cited by 101 - Full Document
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