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august 1987

Supreme Court of India · 1987-08-27

DURGACHARAN MISRA vs STATE OF ORISSA & ORS.

Citation / case number
SC 1986/69979
Court
Supreme Court of India
Petitioner
DURGACHARAN MISRA
Respondent
STATE OF ORISSA & ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that the Orissa Public Service Commission's decision to prescribe minimum qualifying marks for the viva-voce test for Probationary Munsifs was illegal and without authority, violating the Orissa Judicial Service Rules, 1964, particularly Rule 18. The Court emphasized that the Commission must adhere to the statutory rules and cannot impose additional requirements for selection. Consequently, the petitioner's exclusion from the merit list was deemed arbitrary, and the Court allowed the writ petition under Article 32, invalidating the Commission's decision.

DURGACHARAN MISRA vs STATE OF ORISSA & ORS. · Niyam