TMI Blog2005 (2) TMI 860X X X X Extracts X X X X X X X X Extracts X X X X ..... ecruitment Board ) published a Notification in several local dailies on 5.3.2000 calling for applications filling up 1155 posts of Police Constables, Grade II. In the Notification the Board had stated that 10% of the posts were reserved for legal heirs of serving personnel, for ministerial staff and also for legal heirs of those persons who had been invalidated on medical grounds. The respondent (hereinafter referred to as the applicant ) filed an Original Application before the Central Administrative Tribunal (in short the Tribunal ). The respondent-applicant was not found successful as he had not faired well in the written test as well as the physical test. He was, therefore, not held to be qualified for selection. The Tribunal held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of law by this Court the matter could be taken note of by it. Mr. K.K. Venugopal, learned senior counsel appearing for the State submitted that there was no challenge to the policy by anybody. In fact the respondent-applicant was relying on the policy. The Tribunal came to the conclusion that the respondent-applicant before it was not entitled for any preferential treatment. It did not express any opinion on the constitutional validity of the provision. The High Court erroneously declared the policy to be constitutionally invalid. Though the service of notice had been duly effected, there is no appearance on behalf of the respondent. We find that there was no challenge to the constitutional validity of the policy providing for 10% s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in submitting that the point on which the writ petition has been disposed of was not raised by the parties in their pleadings. The parties were not at issue on the point decided by the High Court..... In State of Maharashtra v. Jalgaon Municipal Council, [2003] 9 SCC 731 this Court at page 757 observed as under : ..In the absence of any challenge having been laid, the constitutional validity of the amendment cannot be gone into..... Recently, in The President, Poornathrayisha Seva Sangham, Thripunithura v. K. Thilakan Kavenal and Ors., (2005) 2 SCALE 1 in para 9 it was observed as under : Above being the position, we feel that nothing further remains to be done in this appeal except noticing that certain observations made, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
