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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether candidates acquiring qualification after the last date of submission of applications are eligible for appointment
- 2 Whether High Court erred in relying on a Supreme Court judgment later overruled by a review judgment
- 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
Full Case Text
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