RAJASTHAN PUBLIC SERVICE COMMISSION versus CHANDAN RAM AND ANR.

No appointment or selection could be made for Assistant Director (Junior) posts after amendment as the cadre stood abolished; vacancies for Marketing Officer created under amended rules must be filled per amended eligibility; previous advertisement is infructuous.

Parties: Appellant: Rajasthan Public Service Commission; Respondent: Chandan Ram; Respondent: State of Rajasthan
Jurisdiction: India
Judgment Date: 26 February 1998
Procedural Posture: Civil Appeal / Final Judgment
Outcome: Appeals allowed; Division Bench High Court judgment set aside; Single Judge judgment dismissing writ petition confirmed.
Legal Topics: Recruitment Rules, Cadre Abolition, Promotion, Eligibility Qualifications

Service Law Recruitment Rules Cadre Abolition Promotion Eligibility Qualifications

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Rajasthan Public Service Commission

Appellant

Chandan Ram

Respondent

State of Rajasthan

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether recruitment to abolished posts can proceed after amendment of service rules
2 Whether vacancies prior to amendment must be filled as per old service rules
3 Whether candidates have a right to be considered for selection to posts no longer existing

Ratio Decidendi

Court Disposition

Appeals allowed; Division Bench High Court judgment set aside; Single Judge judgment dismissing writ petition confirmed.

Orders

Division Bench judgment set aside.
Writ petition dismissed.