BEDANGA TALUKDAR versus SAIFUDAULLAH KHAN & ORS.

BEDANGA TALUKDAR versus SAIFUDAULLAH KHAN & ORS.

There can be no relaxation of mandatory conditions regarding submission of disability certificates in the absence of any explicit power reserved in the advertisement or relevant rules. Allowing such a relaxation would violate Articles 14 and 16. Respondent no.1 was not entitled to selection based on belated submission of documents.

Parties
Appellant: Bedanga Talukdar; Respondent No.1: Saifudaullah Khan; Respondent No.3: Assam Public Service Commission
Jurisdiction
India
Judgment Date
28 September 2011
Procedural Posture
Civil Appeal / Appeals From High Court Judgments/orders
Outcome
Appeals allowed; High Court orders set aside.
Legal Topics
Selection Procedure, Public Employment, Reservation for Persons With Disabilities, Equality Under Articles 14 and 16
Service Law Constitutional Law Selection Procedure Public Employment Reservation for Persons With Disabilities Equality Under Articles 14 and 16

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Parties

Bedanga Talukdar

Appellant

Saifudaullah Khan

Respondent No.1

Assam Public Service Commission

Respondent No.3

Procedural Posture

Civil Appeal / Appeals From High Court Judgments/orders

Legal Issues

  1. 1 Whether relaxation of mandatory conditions in government recruitment advertisements is permissible
  2. 2 Whether submission of disability certificate after the prescribed time can entitle a candidate to reserved post
  3. 3 Whether the selection process violated Articles 14 and 16 of the Constitution

Ratio Decidendi

There can be no relaxation of mandatory conditions regarding submission of disability certificates in the absence of any explicit power reserved in the advertisement or relevant rules. Allowing such a relaxation would violate Articles 14 and 16. Respondent no.1 was not entitled to selection based on belated submission of documents.

Court Disposition

Appeals allowed; High Court orders set aside.

Orders

  • Impugned judgments/orders dated 4th March 2010 (W.P.(C) No.950 of 2010) and 2nd July 2010 (W.P.(C) No.3382 of 2010) of the High Court are set aside.