VidhiSangh

Supreme Court of India · 29/01/2024

PRIYANKA PRAKASH KULKARNI versus MAHARASHTRA PUBLIC SERVICE COMMISSION

[2024] 1 S.C.R. 1223 · 2024 INSC 98

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A candidate who applied in the open category because she lacked an NCL certificate valid on the application deadline later obtained a certificate after a corrigendum relaxed that requirement. Given her bona fide conduct, successful examination results and the treatment of similarly situated candidates, the Court used Article 142 to direct that she be treated as a reserved-female-category candidate.

Issues

  1. Whether the recruitment instructions against changing a submitted category could prevent the candidate from receiving the benefit of a later corrigendum relaxing the NCL certificate requirement.
  2. Whether the candidate should be considered under the reserved female category after clearing the examinations in the open category.

Provisions considered

Held

Result

The appeal was allowed. The High Court and Tribunal orders were set aside, and the Commission was directed to treat the appellant forthwith as a candidate under the reserved female category.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1223.