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1 - 10 of 14 (0.39 seconds)Madan Lal vs State Of J&K on 6 August, 1997
The entire procedure is also obviously illegal. It is true, as contended by Shri Madhava Reddy, that this Court in Madan Lal v. State of J&K2 and other decisions referred therein had held that a candidate having taken a chance to appear in an interview and having remained unsuccessful, cannot turn round and challenge either the constitution of the Selection Board or the method of selection as being illegal; he is estopped to question the correctness of the selection. But in his case, the Government have committed glaring illegalities in the procedure to get the candidates for examination under the 1955 Rules, so also in the method of selection and exercise of the power in taking out from the purview of the Board and also conduct of the selection in accordance with the Rules. Therefore, the principle of estoppel by conduct or acquiescence has no application to the facts in this case.
State Of Uttarnchal & Anr vs Madan Joshi & Anr on 13 May, 2008
(iv) State of Uttaranchal v. Madan Mohan Joshi,(2008) 6 SCC 797
Raj Kumar & Ors. Etc vs Shakti Raj & Ors. Etc on 11 February, 1997
19. Thus, whether the applicants who could not qualify in the selection could agitate or not rests in the fact whether the alleged lacuna and irregularities eclipse the normal rule that the failed cannot challenge the selection and the ratio in the case of Raj kumar (supra) would apply. If the allegations as itemized in one of the preceding paragraphs i.e. Number of vacancies earmarked for reserved candidates, clubbing of vacancies, etc., are found true concurrently, they would give passport to the applicants to challenge the selection.
All India Sc & St Employees Assn.& Anr vs A. Arthur Jeen & Ors on 12 April, 2001
(i) All India SC & ST Employees' Assn. v. A. Arthur Jeen,(2001) 6 SCC 380
Om Prakash Shukla vs Akhilesh Kumar Shukla & Ors on 18 March, 1986
(ii) Om Prakash Shukla v. Akhilesh Kumar Shukla (1986) Supp 285
Union Of India & Others vs S. Vinodh Kumar & Others on 18 September, 2007
(iii) Union of India v. S. Vinodh Kumar,(2007) 8 SCC 100
A. Janardhana vs Union Of India And Others on 26 April, 1983
In so far as the non joinder of parties is concerned, the decision by the Apex court in A Janardhana vs Union of India (1983) 3 SCC 601 had been referred to. Therein, no relief was claimed against any individual. The only relief which was claimed therein was against the Union of India. The question which was raised therein was a question of interpretation. It was in the aforementioned situation, this Court held that all the employees were not required to be impleaded as a party. In that case, the case of direct recruits has not gone unrepresented. It was stated:
R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
20. There are in all 273 vacancies of Goods Pilots which are sought to be filled with due reservations catered for as per the rules. Admittedly the extent of distribution of vacancies to General, reserved for SC and reserved for ST for the said 273 vacancies should have been respectively 213, 40 and 20 whereas, the distribution adopted had been to the extent of 201, 59 and 13 respectively. The constitution Bench of the Apex Court in the case of R.K. Sabharwal vs State of Punjab (1995) 2 SCC 745 in para 4 thereof, discussed about the necessity to follow strictly the percentage of reservation. Of course, the orientation therein is whether there could be curtailment in reservation on the ground that sufficient number of reserved candidates have already been available against certain general vacancies.
Union Of India (Uoi) And Ors. vs Ram Dass Rakesh on 24 September, 2007
In Para 4 of the judgment, the observation of the Apex Court as extracted in a recent case of Union of India v. Ramesh Ram,(2009) 6 SCC 619, at page 625: is as under:-