N.F. SALI versus STATE OF KARNATAKA AND ORS.

N.F. SALI versus STATE OF KARNATAKA AND ORS.

Rule 6(2) of the 1973 Rules is inconsistent with Rule 4(5)(b) of the 1985 Rules and therefore does not apply; special procedures prescribed in the 1985 Rules have overriding effect and the requirement to publish marks daily does not bind selections under the 1985 Rules.

Parties
Appellant: N.F. SALi; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
08 October 1992
Procedural Posture
Civil Appeal / Appeal From Karnataka Administrative Tribunal Decision
Outcome
Appeals allowed
Legal Topics
Special Recruitment for Scheduled Castes and Tribes, Interpretation of Recruitment Rules, Overriding Effect of Special Rules, Consistency Between Statutory Rules
Administrative Law Public Service Recruitment Reservation Law Special Recruitment for Scheduled Castes and Tribes Interpretation of Recruitment Rules Overriding Effect of Special Rules Consistency Between Statutory Rules

Case Brief

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Parties

N.F. SALi

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka Administrative Tribunal Decision

Legal Issues

  1. 1 Whether Rule 6(2) of the Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973 is applicable to selections made under Karnataka Civil Services (Special Recruitment of Scheduled Castes and Scheduled Tribes Candidates of Certain Group 'A' and Group 'B' Posts) Rules, 1985
  2. 2 Whether non-observance of Rule 6(2) vitiates the selection process

Ratio Decidendi

Rule 6(2) of the 1973 Rules is inconsistent with Rule 4(5)(b) of the 1985 Rules and therefore does not apply; special procedures prescribed in the 1985 Rules have overriding effect and the requirement to publish marks daily does not bind selections under the 1985 Rules.

Court Disposition

Appeals allowed

Orders

  • Order of the Karnataka Administrative Tribunal set aside
  • No order as to costs