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1997 (3) TMI 599 - SUPREME COURTWhether the view taken by the majority that it is enough for a candidate to be qualified by the date of interview even if he was not qualified by the lasts date prescribed for receiving the applications, is correct in law and whether the majority was right in extending the principle of Rule 37 of the public Service Commission Rules to the present case by analogy? Whether the direction of the Division Bench to treat the candidates who were not qualified by the lasts date of receipt of applications as juniors, as a class, to those who were qualified, was not a just one ? Held that:- Thirteen Years have passed by since their initial appointment. upturning the inter-se seniority at this distance of time would not be just and equitable. Having given our anxious and earnests consideration to the question and keeping in view the fact that we are sitting in review jurisdiction and that this particular aspect is a matter lying within the discretion of the Court, we do not think it appropriate to interfere with the unanimous opinion of the three learned Judges of this Court on this aspect. It is true that the Division Bench of the High Court had granted the relief not only to the four review petitioners/writ petitioners but to all the candidates falling in that category yet we cannot ignore the fact that even Sahai, J. who agreed with the review petitioners on the first issue, thought it just and proper not to disturb the inter-se seniority between these two groups of selected candidates. The said seniority was determined by the selecting Authority. Though certain allegations are made with respect to the fairness of the process of selection, that issue is not open in these review applications nor was it gone into by this court in the civil appeals.
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