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2021 (3) TMI 1349 - SC - Indian LawsPromotion to the IAS in accordance with the vacancies for 2015 - reconvening a meeting of the Selection Committee and thereafter, to reconsider the first Respondent - whether the first Respondent was correctly denied selection to the IAS having regard to the fact that a disciplinary penalty had been imposed upon him on 29 September 2011? - HELD THAT:- The UPSC has submitted that the DOPT Guidelines apply to the constitution of Departmental Promotion Committees for the purpose of promotion, whereas, in matters relating to selection of officers from the state civil services to the IAS, the UPSC Guidelines which have been framed in exercise of powers Under Article 320 of the Constitution would have to be considered. It was necessary for the High Court to do so since it was seized of proceedings Under Article 226 of the Constitution. The High Court having not carried out the exercise, the impugned judgment is set aside - appeal disposed off.
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