VidhiSangh

Supreme Court of India · 24/01/2019

GANGARAM versus THE STATE OF RAJASTHAN

[2019] 5 S.C.R. 1163 · 2019 INSC 86

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Summary

The appellant’s appointment as a medical-college projectionist was challenged because he had not furnished a cinema-operator licence with his application. The Court held that Rule 68(2-A) expressly permits certification within three months of appointment. His acquisition of the licence after appointment complied with that provision. The Division Bench therefore erred in treating lack of a licence at the application deadline as disqualifying and setting aside the appointment.

Issues

  1. Whether Rule 68 required the projectionist to possess the operator certificate by the application deadline or permitted acquisition after appointment.

Provisions considered

Held

Result

Appeal allowed; Division Bench judgment dated 2 April 2008 set aside and the third respondent’s writ petition dismissed. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 1163.