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2001 Supreme(SC) 1419

G.B.PATTANAIK, RUMA PAL
Sreedhara S. – Appellant
Versus
State of Karnataka – Respondent


G.B.PATTANAIK, J.

(1) PERMISSION granted to file the SLPs.

(2) DELAY Condoned.

(3) LEAVE granted.

(4) THESE appeals are directed against the directions of the division bench of the High Court of Karnataka while dismissing the appeals filed by the state government. The present appellants had filed writ petitions challenging the validity of rule 3(B) of the Karnataka Civil Services (General Recruitment) Rules, 1976, which rule was intended to confer weightage in favour of a rural candidate.

(5) A learned single judge held the said rule to be ultra vires and struck down the same by judgment dated 11/11/1998. But, while allowing the writ petition and striking down the rule, it was observed that the appointments already made in accordance with the rule, which is being struck down, shall not be disturbed. Obviously, therefore, the learned single Judge has applied the principle of prospective effect of the invalidation of the rule in question. The state government assailed the legality of the judgment of the learned single judge by filing a writ appeal. The division bench passed an interim order while entertaining the appeal to the followi









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