S. PRAKASH AND ANR. versus K.M. KURIAN AND ORS.

S. PRAKASH AND ANR. versus K.M. KURIAN AND ORS.

The amendment to the General Rule (Note 3 to Rule 5) was not repugnant to the Special Rule and prevails for determining the vacancies to be filled by direct recruitment. Persons included on select list published after amendment have no right to be governed by pre-amendment rules.

Source-derived case information.

Parties
Appellant: S. Prakash and Anr.; Respondent: K.M. Kurian and Ors.
Jurisdiction
India
Judgment Date
13 May 1999
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed; Division Bench judgment set aside; Single Judge order restored.
Legal Topics
Recruitment Rules, General Versus Special Rules, Retrospective Effect of Amended Rules
Service Law Statutory Interpretation Recruitment Rules General Versus Special Rules Retrospective Effect of Amended Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

S. Prakash and Anr.

Appellant

K.M. Kurian and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the amended General Rule prevails over the Special Rule regarding method of recruitment
  2. 2 Whether persons on select list are governed by rules existing prior to amendment

Ratio Decidendi

The amendment to the General Rule (Note 3 to Rule 5) was not repugnant to the Special Rule and prevails for determining the vacancies to be filled by direct recruitment. Persons included on select list published after amendment have no right to be governed by pre-amendment rules.

Court Disposition

Appeals allowed; Division Bench judgment set aside; Single Judge order restored.

Orders

  • The impugned judgment and order passed by the Division Bench is set aside.
  • The order passed by the learned Single Judge is restored.