ASHOK KUMAR SHARMA AND ORS. versus CHANDER SHEKHAR AND ANR.

ASHOK KUMAR SHARMA AND ORS. versus CHANDER SHEKHAR AND ANR.

Eligibility for recruitment for the post must be determined with reference to the last date prescribed for submitting applications; a candidate who acquires the prescribed qualification after such date cannot be considered. However, the Supreme Court's discretionary relief in not disturbing the seniority of candidates selected in contravention of this principle will not be revisited in review jurisdiction.

Parties
Review Petitioner: Ashok Kumar Sharma; Respondent: Chander Shekhar; Respondent: State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
10 March 1997
Procedural Posture
Review Petition (c) Nos. 600 601 of 1993, Arising From Civil Appeal Nos. 5407 5408 of 1992 and Letters Patent Appeal No. 8 of 1985 / Review Jurisdiction, Post Appeal, Supreme Court Judgment
Outcome
Review petitions dismissed; clarification provided on legal issue, but no change in relief or seniority.
Legal Topics
Recruitment Eligibility, Selection Procedures, Seniority Determination, Review Jurisdiction, Moulding Relief Under Article 142
Service Law Recruitment Eligibility Selection Procedures Seniority Determination Review Jurisdiction Moulding Relief Under Article 142

Case Brief

Summary, issues, holding and outcome

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Parties

Ashok Kumar Sharma

Review Petitioner

Chander Shekhar

Respondent

State of Jammu and Kashmir

Respondent

Procedural Posture

Review Petition (c) Nos. 600 601 of 1993, Arising From Civil Appeal Nos. 5407 5408 of 1992 and Letters Patent Appeal No. 8 of 1985 / Review Jurisdiction, Post Appeal, Supreme Court Judgment

Legal Issues

  1. 1 Whether eligibility for recruitment should be determined as of the last date fixed for filing applications or can be extended to the date of interview
  2. 2 Whether the direction of the Division Bench to treat candidates not qualified by the last date as juniors, as a class, to those who were qualified, was just

Ratio Decidendi

Eligibility for recruitment for the post must be determined with reference to the last date prescribed for submitting applications; a candidate who acquires the prescribed qualification after such date cannot be considered. However, the Supreme Court's discretionary relief in not disturbing the seniority of candidates selected in contravention of this principle will not be revisited in review jurisdiction.

Court Disposition

Review petitions dismissed; clarification provided on legal issue, but no change in relief or seniority.

Orders

  • Review petitions are dismissed.
  • Clarification given on the legal issue: eligibility must be determined as of the last date fixed for applications.