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

(viii) Petitioner a candidate for Uttaranchal Judicial Services
Civil Judge (Junior Division) challenged the rejection of
his application on the ground of overage – High Court
dismissed the writ petition holding that the candidature of
the petitioner has been rightly rejected.
Chapter-IX Selection
(i) Whether an unsuccessful candidate can challenge the
marks awarded in interview contending that he has
answered almost all questions rightly? – No
(ii) Relaxation eligibility criteria made as per Rules - The
relaxation provided was general and the Commission was
empowered to do so at any stage of selection without
making it public.
(iii) Supreme Court has laid down that when two candidates are
equal in merit then preference is to be given to a candidate
who possesses any of the preferential qualifications.
(iv) Whether selection made by Chairman alone could be said
to be a selection by P.S.C.? - No. The Commission did
not delegate functions to the Chairman nor did the
Commission approve the selection - The selection of
respondent No.3 made by the Chairman, the only Member
of the Commission sitting at the interview was not a
selection done by the Public Service Commission - The
appointment of 3 rd respondent was bad.
(v) Whether Chief Officer of Municipality is a Government
servant entitled to claim age relaxation under the Rules? –
Yes. In view of the provisions of Municipalities Act,
Rules, and General Clauses Act, Chief Municipal Officer is
a “servant” of the State Government and not “servant” of
the Municipal Council.
(vi) Preference - It was not open to the Commission to consider
the code number given in the advertisement ignoring the
code number given in the application form which was to be
filled in by the candidates.
Selection
(vii) The application of the applicant for promotion as Reader
was rejected on the ground that he had crossed 38 years of
age - There was no Recruitment Rule governing the
appointment of the Readers in Ayurvedic Colleges - Age
limit of 38 years was prescribed by the P.S.C. of its own –
After considering the relevant rules the Tribunal allowed
the application with a direction to screen the applicant for
the post of Reader and if found suitable to treat him as
Reader.
1046 &
1047
66 to 68
182 to 189
269 & 270
627 to 645
693 to 700
701 to 703
712 to 715
xli