Supreme Court of India · 2011-11-30
UNION PUBLIC SER.COMMN. vs GYAN PRAKASH SRIVASTAVA
- Citation / case number
- SC 2011/23402
- 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 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, emphasizing that the advertisement did not mandate the attachment of the law degree certificate. The Court concluded that the Commission's decision was arbitrary and upheld the Tribunal's ruling.