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2004 Supreme(SC) 1356

Y.K.SABHARWAL, D.M.DHARMADHIKARI
Virender Singh Hooda – Appellant
Versus
State Of Haryana – Respondent


Judgment

Y.K. Sabharwal, J.—In these matters the validity of the Haryana Civil Service (Executive Branch) and Allied Services and Other Services, Common/Combined Examination Act, 2002 (for short ‘the Act’) is under challenge to the extent of its retrospective application. The Act was enforced on 27th March, 2002. Section 1(2) of the Act provides that the Act is deemed to have come into force with effect from 29th August, 1989. Section 1(3) provides that the Act shall apply to those persons who have been appointed or are offered appointment to the services/posts, recruitment to which is made by holding common/combined examination. Section 3 repeals the executive instructions contained in various circulars issued from time to time. We are concerned with circulars dated 22nd March, 1957 and 26th May, 1972. Section 4(1) provides that no appointment shall be made to any post or service to which the Act applies beyond the number of posts advertised. Section 4(2) provides that notwithstanding anything to the contrary contained in any judgment, order, decree or decision of the court of law, Act, rules, regulation or executive instructions, no candidates, from the date of commencement of the





















































































































































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