TMI Blog2003 (7) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... tant Accounts Officer as requi-ed to be indicated in the application form. The examination was conducted by the Uttar Pradesh Public Service Commission (hereinafter referred to as 'the Com mission') on the basis of requisition made by the State of U.P. Requisition for 40 vacancies was sent by the State to the Commission in July 1987. Out of said 40 vacancies, 21 were meant for General category, while 7, 1, 2, 6. 2 and 1 vacancies were meant for Scheduled Castes, Scheduled Tribes, Dependents of Freedom Fighters, Backward Classes, Retrenched Emergency / Short Service Commission Military Officers, and Handicapped persons respectively The Accounts service has two designated posts i.e. Accounts Officer/Treasury Officer and Assistant Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n done, the appointments made subsequently were illegal. The claims were resisted by the State Government and the Commission. They took the stand that there was no waiting list as such and the vacancies were carried forward to the subsequent period as required in law and persons had already been appointed on the basis of subsequent examination. A belated attempt by the appellants to get appointment is not countenanced in law. The High Court accepted the plea of the respondents and rejected the writ petitions. Mr. A. Sharan, learned senior counsel appearing for the appellants submitted that the course adopted by the State Government and the Commission is clearly contrary to the law laid down by this Court in Jai Narain Ram v. State of U.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the appellants submitted that the direction given in Jai Narain 's case (supra) was not strictly on that basis. The plea has no substance as reading of the judgment goes to show otherwise. Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of Courts are not to be read as Euclid's theorems nor as provisions of the statute. These observations must be read in the context in which they appear. Judgments of Courts are no to be construed as statutes. To interpret words, phrases and provisions of statute, it may become necessary for Judges to embark into lengthy discussions, but the discussi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acing reliance on a decision is not proper. The following words of Lord Denning in the matter of applying precedents have become locus classicus: Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect. In deciding such cases, one should avoid the temptation to decide cases (as said by Cordozo) by matching the colour of one case against the colour of another. To decide, therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive. xxx xxx xxx xxx Precedent would be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he prevailing position. It was pointed out by learned counsel for the appellant - Ashwani Kumar Singh that he has already been promoted as Accounts Officer, and the only question left is of his seniority over those who were subsequently appointed. This plea is without any substance. Since he has been promoted later on, in the absence of any statutory prescription, person who has been appointed to the higher post earlier would be logically senior to him. The High Court was, therefore, justified in rejecting the writ petition filed by the appellant - Ashwani Kumar Singh. So far as the other appellant - Brij Nath Srivastava is a concerned, his claim is based on almost identical premises as that of Ashwani Kumar Singh. His name was far below in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
