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2014 Supreme(SC) 525

R. M. LODHA, JAGDISH SINGH KHEHAR, J. CHELAMESWAR, A. K. SIKRI, ROHINTON FALI NARIMAN
Rohtas Bhankhar – Appellant
Versus
Union of India – Respondent


JUDGMENT

R.M.LODHA, CJI. –

1. On 23.12.1970 (1970 O.M.), the Department of Personnel issued Office Memorandum being O.M. No. 8/12/69-Estt.(SCT) relaxing standards in the case of Scheduled Castes/Tribes candidates in departmental competitive examinations and in departmental confirmation examinations. The said O.M. remained operative for about 17 years until O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 was issued whereby the instructions contained in 1970 O.M. were withdrawn. Thereafter by Notification dated 30.11.1998, the Central Secretariat Service Section Officers' Grade/Stenographers' Grade 'B (Limited Departmental Competitive Examination) Regulations, 1964 (for short "1964 Regulations") were amended by Central Secretariat Service Section Officers' Grade/Stenographers' Grade 'B (Limited Departmental Competitive Examination) Amendment Regulations, 1998 (for short "1998 Regulations").

The result of this amendment was that in 1964 Regulations, Regulation 7, sub-regulation (3) was omitted on and from 22.7.1997. The explanatory note appended to the above Notification reads as follows: In compliance with the Supreme Court's judgment in the case of S. Vinod Kumar vs. Union of India (JT



















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