M.A. MURTHY versus STATE OF KARNATAKA AND ORS.

M.A. MURTHY versus STATE OF KARNATAKA AND ORS.

Candidates acquiring requisite qualification after the last date of submission of application are ineligible for appointment; High Court erred in applying overruled precedent. Reviewed judgment of Supreme Court operates exclusively; appointments not set aside but seniority rearranged in line with eligibility as on prescribed date.

Parties
Appellant: M.A. Murthy; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
02 September 2003
Procedural Posture
Civil Appeal / Supreme Court of India: Appeal Against Karnataka High Court Judgment
Outcome
Appeals allowed
Legal Topics
Eligibility for Appointment, Qualification Acquired After Prescribed Date, Doctrine of Prospective Overruling, Seniority

Case Brief

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Parties

M.A. Murthy

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court of India: Appeal Against Karnataka High Court Judgment

  1. 1 Whether candidates acquiring qualification after the last date of submission of applications are eligible for appointment
  2. 2 Whether High Court erred in relying on a Supreme Court judgment later overruled by a review judgment
  3. 3 Application of prospective overruling on review/reversal of Supreme Court precedents

Ratio Decidendi

Candidates acquiring requisite qualification after the last date of submission of application are ineligible for appointment; High Court erred in applying overruled precedent. Reviewed judgment of Supreme Court operates exclusively; appointments not set aside but seniority rearranged in line with eligibility as on prescribed date.

Court Disposition

Appeals allowed

Orders

  • Judgments of High Court set aside
  • Appellant to rank senior to respondent No. 4, appointment treated effective from date of respondent No. 4's selection, but no salary or financial benefits for the earlier period