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Justice R. Banumathi and Justice Vineet Saran expressed their dissenting opinions on the issue of issuance of notice in an appeal filed before the Supreme Court against the judgment of Uttarakhand High Court.
In the judgment, the bench considered fifteen appeals, either filed by the Public Service Commission or filed against it. The main issue in the appeal was regarding the rejection of over-qualified candidates for the post.
In one of the appeals, filed against Public Service Commission by Tanuja Mehta, the issue which arose was regarding the rule which provided for the post of Data Entry Operator, that the candidate must have acquired a Certificate or Diploma course of at least one year. The petitioner had a Bachelor in Compute Application Degree, which is a higher qualification, and hence she was ruled to be eligible by the single Judge.
The order was challenged before the High Court, on the ground that the duration of the course must be more than one year. The bench accepted the contention and observed that the issue relates to the interpretation of the Rule. The word, at least is related to the period of the course which should either be Certificate or Diploma. The court set aside the single Judge’s ruling and noted that the petitioner had not challenged the Rule as being under-inclusive and thus it would not be possible for him to be considered for appointment. It further pointed out that the rule has been made so there is suitable employment and after considering the efficiency thus, holding the Judgment of Single Judge as invalid.
Thus, Tanuja Mehta appealed in the Apex Court, wherein dissenting opinions were present. Justice Banumathi did not favour the issuance of notice as Special Leave Petition has already been dismissed and challenged, whereas Justice Saran observed that the notice should be issued since the previous appeal dealt with different qualification. The Bench directed to place the matter before another Bench due to the conflicting opinions.
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