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Supreme Court of India 2019-01-22 allowed

Rakesh Bakshi & Anr vs State of Jammu and Kashmir & Ors

Bench: 2 — K.M. Joseph

In Brief

Two appellants challenged the High Court's decision annulling their appointment as Junior Engineers because they lacked required qualifications on the prescribed cut-off date, though they obtained their diploma thereafter. The Court held that while eligibility must ordinarily be determined on the cut-off date, exceptional equitable grounds—including nearly 18 years of service, subsequent age-bar from alternative selections, and the writ petitioner's inability to gain actual benefit—warranted preserving their positions. The Court upheld its precedent in Ashok Kumar Sharma, allowing relief based on extended service and justice considerations rather than strict technical invalidity. The appeal was allowed and the Division Bench's judgment was set aside.

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