Supreme Court of India · 2011-11-30
Union Public Ser.Commn vs Gyan Prakash Srivastava
- Citation / case number
- AIR 2012 SC (SUPP) 621
- Court
- Supreme Court of India
- Petitioner
- Union Public Ser.Commn
- Respondent
- Gyan Prakash Srivastava
- Author
- G. S. Singhvi
- Bench
- Sudhansu Jyoti Mukhopadhaya, G.S. Singhvi
Judgment text excerpt
The Supreme Court held that the rejection of the respondent's candidature by the Union Public Service Commission for the post of Legal Advisor was not legally justified, as the Commission failed to recognize that the respondent had provided sufficient documentation to demonstrate his qualifications, including a certificate from the Bar Council of Uttar Pradesh under Section 22(1) of the Advocates Act, 1961. The Court affirmed the Central Administrative Tribunal's decision to nullify the Commission's rejection, establishing that the requirement for attaching a law degree was not strictly enforced as per the advertisement's terms. Consequently, the appeal was dismissed in favor of the respondent.