Compilation of Judgment 
pertaining to
PUBLIC SERVICE COMMISSIONS

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Volume I
Volume II

FOREWORD

 

            In the Sixth National Conference of the Chairmen of State Public Service Commissions held on 7th and 8th February, 2003 at Bhopal, (Madhya Pradesh), the task of compilation of Court judgments having a bearing on the role and functioning of the Public Service Commissions originally entrusted to Goa Public Service Commission has been entrusted to Karnataka Public Service Commission. At that occasion the Chairman of the Conference had requested the Chairmen of various other State Public Service Commissions to assist the Karnataka Public Service Commission in carrying out the task by way of sending the copies of relevant judgments to the Karnataka Public Service Commission.
            The Karnataka Public Service Commission has deemed the entrustment of the responsibility as a privilege conferred upon it by the Conference to do its bit for the cause of Public Service Commissions in the country.  The Karnataka Public Service Commission has carried out this important task with all earnestness.  Various State Public Service Commissions have also assisted the Karnataka Public Service Commission in this regard by promptly sending relevant judgments to the Karnataka Public Service Commission.  In the result, we have been able to bring out a very valuable compilation containing judgments of various Administrative Tribunals, High Courts and Supreme Court relevant to the functioning of the Public Service Commissions.  To make this compilation slim and handy full texts judgments reported in Law Journals which have all India circulation like A.I.R. (All India Reporter), S.C.C. (Supreme Court Cases) and S.L.R. (Services Law Reporter) are not printed but only citation with gist of each judgment is given.  I hope that this compendium of judgments will go a long way in assisting the Public Service Commissions in discharging their duties smoothly and in accordance with the law of the land.  I also hope that the functioning of the Public Service Commissions will be more effective because of the ready availability of the judicial pronouncements.
            I am grateful to the Chairman of the Conference Sri. P.C.Hota, the then Chairman, Union Public Service Commission and my brother Chairmen of various State Public Service Commissions who resolved to entrust this responsibility to the Karnataka Public Service Commission.

 

 

Sd/-
Dr. H.N. Krishna
CHAIRMAN
KARNATAKA PUBLIC SERVICE COMMISSION

Date: 27-12-2003

Bangalore


Subject-wise classificationsof various Judgements pertaining to PSCs 

 

Subject

Page No.

Chapter 1.

Appointment

 

(i)

Candidate refuses to join the appointment, name deleted from the list of qualified candidates. No request for change of the allotment of post shall be considered.

8-43

(ii)

Promotional post cannot be filled of by direct recruitment.

44-48

(iii)

Purpose of main list, additional list, extra list explained. Person included in the extra list has no right to claim appointment. 

49-56

(iv)

Vacancy created by not joining the post is treated as fresh vacancy.

57-66

(v)

Regularisation of adhoc Appointment

 

67-97

(vi)

Selection/Appointment only against notified vacancies. 

98-118

 (vii)

Selection Process/Promotion

119-230

Chapter 1b

Appointment

 

(viii)

Employee claim right to promotion

231-233

        (ix)

Appointment can be made only during the currency of the List

 

234-235

(x)

Selection Committee/Select List

236-254

(xi)

Irregularities in Selection Process

255-293

 (xii)

Interview viva voce test

294-303

(xiii)

Debarment of Candidates

304-305

(xiv)

Appointment order issued to selected candidates after terminating the Service of Adhoc Lecturer following the principle “Last come first Go”

306

(xv)

Selection based solely on Personality test and viva-voce

307-334

Chapter II
(i)

Age Relaxation
Various cases relating to Age relaxation/Concession

335-390

Chapter III

 

(i)                              

(Short comings in Application)

Defects in Applications for Recruitments.

Rejection of Applications

391-444

(ii)

Application to appointing authority

445-450

(iii)

Incomplete mark sheet in application allowed

451-459

(iv)

Name of the post to be specified in Application

460-463

(v)

Experience Certificate not produced at Interview

464-467

(vi)

Application rejected on ground of acquiring degree on distance education.

468-472

(vii)

Candidates not informed the fate of his application

473-474

(viii)

Documents relating to age, qualification, experience to be produced alongwith application

475-476

Chapter IV
(i)

Confidential Report
Assessment and related matters

477-513

Chapter V
(i)

Eligibility
Cases related to Eligibility for the post applied for

 

514-537

(ii)

Eligibility criteria to be fullfilled on the last date fixed for receipt of applications

 

538-561

Chapter VI

Examination

 

(i)

Extension of time for holding examination due to law and order problem

563-567

(ii)

Rejection of overage candidate

568-569

(iii)

Error in randomization of series in Computer Programming

570-577

(iv)

Caste certificate produced after last date of receipt of application

578-582

(v)

Substitution of Additional answer book

583-589

(vi)

Wrong form in Caste certificate

590-604

(vii)

Moderation

605

(viii)

Qualifying Marks

606-631

(ix)

Proof of passing qualifying examination by prescribed date

632-636

(x)

Authority to announce subjects, scheme or syllabus

637-640

(xi)

Scaling

641-723

(xii)

Computation of Marks

724-727

(xiii)

Rounding of Marks

728-741

(xiv)

Weightage of 10% Marks to rural Candidates

742-764

Chapter VI(b)

Examination

 

 (xv)

Revaluation of Mark declared after the last date of Application

765-771

 (xvi)

Acquired higher qualification in the same faculty such qualification certainly be stated to presuppose the acquisition of the lower qualification prescribed.

772-781

(xvii)

Examination relating to Marks

782-830

(xviii)

Disclosure of Identity

831-833

(xix)

Less mark in viva-voce higher marks in written

834-839

(xx)

Conveying of marks obtained to non selected candidate

840

(xxi)

Eligibility criteria to be fullfilled on the last date fixed for receipt of applications

841-864

(xxii)

Re-examination for snatching/Loss of Admit card

865-866

(xxiii)

Revaluation of Answer Script

867-910

(xxix)

Selection based solely on Personality test and viva-voce

911-937

(xxx)

Scrutiny of answer scripts by candidates

938-939

(xxxi)

Percentage of Marks

940-951

(xxxii)

Advertisement should Specify the post

952-972

Chapter VI(b)

Examination

 

(xxxiii)

 Disputing rank in Merit list

973-974

(xxxiv)

Debarment of Candidates

975-979

(xxxv)

Age Relaxation
Various cases relating to Age relaxation/Concession

980-1034

Chapter VII

Recruitment

 

(i)

No. of  vacancies should be notified in Recruitment notification

1036-1049

(ii)

Method of Recruitment

1050-1060

(iii) 

Recruitment Rules

1061-1087

(iv)

Operation of reserve List

1088-1101

(v)

Amendment of Rules

1102

(vi)

Short listing of Candidates

1103-1132

(vii)

Educational Qualification

1133-1198

(viii)

Appointment order issued to selected candidates after terminating the Service of Adhoc Lecturer following the principle “Last come first Go” 

1199

(ix)

Selection based solely on Personality test and viva-voce

1200-1227

(x)

Advertisement should Specify the post

1228-1248

(xi)

Vacancies created by not joining the post.

1249-1258

Chapter VIII

Age Relaxation

Various cases relating to Age relaxation/Concession

1259-1314

Chapter IX

Reservation

1315-1336

(i)

Petitioners have no case to ask for preference over the other Ex-servicemen.

1337

(ii)

Ex-Servicemen

1338-1349

(iii)

 

Reservation in Gr. ‘A’

1350-1353

(iv)

Reservation in excess of Permissible limits

1354-1363

(v)

Reservation in Communities posts

1364-1367

Chapter X.

Rules, Function and Regulation of PSC

 

(i)

State Tribunals will have jurisdiction relating to Service matters concerning State PSCs

1369-1373

(ii)

Quashing of Section 3 of The Kerala P.S.C. (Additional Functions as respects of KSRTC) Act, 1970

1374-1382

(iii)

Rules of Procedure of Punjab PSC

1383-1392

(iv)

Dispensing with the consultation of the Commission

1393-1405