Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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(ix) Whether selection in excess of number of posts advertised
is valid? – No - Vacant posts arising or expected should be
notified inviting applications from all eligible candidates to
be considered for their selection in accordance with their
merit - Appointing persons from the waiting list to the
vacancies arisen subsequently without being notified is
unconstitutional.
(x) Selection by conducting interviews - Whether allegation
with regard to conduct of interview tenable? – No -
Regarding the allegation that select list has not been
published in the newspaper as per Rules, it is only
irregularity and not illegality - Merely because some of the
selected candidates are relatives of the Ministers and
politicians by itself cannot lead to the inference that
selection is vitiated.
(xi) Haryana Civil Service (Executive Branch) and Allied
Services and Other Services, Common/Combined
Examination Act (4 of 2002), S. 1 – Validity – Act
repealing circulars, basis of Supreme Court decisions in
AIR 1999 SC 1701 : 1999 AIR SCW 1327 : 1999 Lab IC
1838 (Virender S.Hooda’s case) and C.A.No.7422 of
1999, D/- 9-11-2000 (reported in 2002 (10)SCC 549)
(Sandeep Singh’s case) – Not ultra vires, except to the
extent it takes away appointments already made in
implementation of Supreme Court decision much before
enforcement of Act.
(xii) Whether rounding of marks permissible – No. It may be a
case of extreme hardship but no relaxation against the rules
is possible.
(xiii) Quota rule as between direct recruits and promotees - Can
promotees to Gazetted Service avoid consultation with
Public Service Commission? – No. Direct recruits cannot
claim appointment from date of vacancy in quota before
their selection.
(xiv) Fixing of eligibility criteria is the prerogative of the
Government and the Court cannot interfere with the same.
(xv) Having allowed themselves to be interviewed in
accordance with the stipulated selection criteria the same
candidates cannot be allowed to challenge the selection
process on their having been declared unsuccessful at the
test.
(xvi) Whether notification can contain instructions which are not
provided for in the Rules? – Yes, as long as they are in
accordance with the rules.
193 to 207
216 to 229
264 to 266
271 to 274
289 to 324
382
402 to 411
415 to 419