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

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

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(xvii) Applicants claiming to have applied for the post of Motor<br />

Vehicles Inspector in response to earlier notification of<br />

1997 which was withdrawn and challenged the subsequent<br />

notification of 2006 among others for not giving age<br />

relaxation to the candidates who had applied earlier –<br />

Applications dismissed mainly on the ground of limitation.<br />

(xviii) Whether rejection of rural reservation claimed for not<br />

producing the certificate in requisite form within the time<br />

prescribed is correct? – Yes<br />

(xix) Writ Petition filed against KAT order dated 11.4.2007<br />

(pages 442 to 461 of this <strong>Compilation</strong>) is dismissed<br />

holding that Govt. is entitled to conduct selection in<br />

accordance with the changed rules and make final<br />

recruitment - No candidate acquires any vested right<br />

against the State - The State is entitled to withdraw the<br />

notification by which it had previously notified recruitment<br />

and issue fresh notification as per amended rules.<br />

(xx) Whether the Commission can rectify the mistake regarding<br />

production of reservation certificates after the provisional<br />

select list is published? – Yes. Statutory provisions need to<br />

be up held and estoppel cannot be allowed to come in its<br />

way - An authority has inherent power to correct<br />

inadvertent mistake.<br />

(xxi) Whether non prescription of qualification or service for inservice<br />

candidates vitiates the Rules – No. In-service<br />

means all those who are in the service of the Department<br />

including probationers - Applicants having participated in<br />

the selection process not entitled to challenge the<br />

Notification.<br />

(xxii) Whether recruitment is bad for non-mentioning of date of<br />

recruitment, number and date of Notification in the<br />

Information Booklet? – No. An Advocate is an Officer of<br />

the Court he should advise his clients to refrain from filing<br />

frivolous case.<br />

(xxiii) Whether Commission can prescribe additional criteria for<br />

selection apart from the criteria prescribed under the<br />

Recruitment Rules and whether the Commission can<br />

change additional criteria at a later stage of the selection? -<br />

No. In view of Rule 12 which prescribes only interview<br />

prescribing written examination by fixing minimum marks<br />

in each paper and fixing minimum marks at interview not<br />

permissible.<br />

xxxv<br />

442 to 461<br />

468 to 470<br />

471 to 478<br />

492 to 506<br />

509 to 591<br />

592 to 594<br />

664 to 674

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