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november 2011

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.

Union Public Ser.Commn vs Gyan Prakash Srivastava · Niyam