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

xxxviii
(xL) Whether Apprenticeship Trainee is entitled to preference to
be considered in terms of the decision in (1995) 2 SCC (1)?
– Yes. In the said decision the S.C. has held that other
things being equal, a trained apprentice should be given
preference over direct recruits.
(xLi) Contempt proceeding - Whether administrative instructions
have overriding effect on the Recruitment Rules? - No. It is
well settled principle of law that nothing can be imported in
the Recruitment Rules except by way of amendment under
Article 309 of the Constitution.
(xLii) This writ petition challenging the order in Contempt case
No.CCP 105/99 (pages 1051 to 1053 of this Compilation)
1043 to
1045
1051 to
1053
1054 to
1057
has been dismissed upholding the decision of the Tribunal.
Chapter-V Eligibility
Eligibility
(i) Whether eligibility criteria can be reduced contrary to the
Rules? – No. Government Order dated 30.4.2005 reducing
the qualifying marks from 66 to 61 to allow more
candidates for the main examination violated the norm of
1:5 for admitting the candidates for main examination and
hence invalid.
131 to 148
(ii) Fixing of eligibility criteria is the prerogative of the 382
Government and the Court cannot interfere with the same.
(iii) Whether P.S.C. can revise eligibility criteria contrary to the
Statutory Rules? – No
683 to 692
(iv) Whether Condition No.4 in the advertisement that
candidates who have passed higher secondary or graduate
degree from any School or College in M.P. are only
eligible is valid? – No
716 to 724
Chapter-VI Defects in the application Defects in the application
(i) Admit cards were not issued to the applicants for not 392 & 393
indicating the requisite information – High Court upheld
action of the Commission holding that the applications are
contrary to the stipulations made in the advertisement.
(ii) Petitioner instead of mentioning one optional language 394 & 395
mentioned as many as 3 languages in the prescribed
column – Admit card issued admitting her to appear for
‘Bangla’ language – High Court dismissed the petition
seeking permission to appear in Khortha language in place
of ‘Bangla’ language.
(iii) Whether instructions to candidates in the 944 to 958
notification/application form are mandatory? – Yes. If the
request of the candidates for rectifying the defects in the
applications is permitted, the selection schedule and the
process of examinations cannot be adhered to.