MADHUKAR SINHA versus UNION OF INDIA AND ORS.

MADHUKAR SINHA versus UNION OF INDIA AND ORS.

Appellant is entitled to the same benefits as granted to appellants in Civil Appeal Nos. 5439-52/90: candidates permitted to appear by interim orders and qualified through written and interview will be allocated and appointed per merit list notwithstanding restriction under second proviso to rule 4; seniority of candidates maintained as per CAT, Delhi judgment.

Parties
Appellant: Maohu Sinha; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
13 September 1991
Procedural Posture
Transferred Case No. 2 of 1991 / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Civil Services Examination, Seniority of Successful Candidates, Validity of Rule 4, Civil Services Examination Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Maohu Sinha

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Transferred Case No. 2 of 1991 / Final Judgment

  1. 1 Whether the second proviso to rule 4 of Civil Services Examination Rules is violative of Articles 14 and 16 of the Constitution of India
  2. 2 Seniority of successful candidates who appeared in Civil Services Examination, 1990 under interim orders

Ratio Decidendi

Appellant is entitled to the same benefits as granted to appellants in Civil Appeal Nos. 5439-52/90: candidates permitted to appear by interim orders and qualified through written and interview will be allocated and appointed per merit list notwithstanding restriction under second proviso to rule 4; seniority of candidates maintained as per CAT, Delhi judgment.

Court Disposition

Appeal dismissed

Orders

  • Appellant entitled to same benefits as Civil Appeal Nos. 5439-52/90
  • Candidates permitted to appear in Main Examination, 1990 and qualified for interview are to be allocated and appointed based on merit list