A.P.SEN, E.S.VENKATARAMIAH, S.MURTAZA FAZAL ALI
State Of Maharashtra – Appellant
Versus
Raj Kumar – Respondent
JUDGMENT
FAZAL ALI, J. :— We have heard counsel for the parties and have gone through the judgment of the High Court. The High Court has considered the matter fully and has pointed out that in view of certain constitutional infirmities appearing in some of the rules framed by the Government and followed by the Public Service Commission, the competitive examination held by the Public Service Commission is violative of Arts. 14 and 16 of the Constitution, and hence, the selection made by the Commission is invalid and unconstitutional. It appears that a combined examination of Class I and Class II officers was held by the Public Service Commission and the candidates were asked to give several preferences for the post to which they were sought to be recruited. The respondent was one of the candidates and he had given four preferences. We have gone through the rules framed by the Government and adopted by the Public Service Commission and we find that the Rules framed suffer from clear and serious constitutional infirmities as a result of which the impugned Rules have been rightly struck down by the High Court. In the first place the object of the rule was to take officers who had full
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