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Supreme Court of India 2019-01-22 allowed

RAKESH BAKSHI vs THE STATE OF JAMMU AND KASHMIR

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

Rakesh Bakshi and another candidate were selected as Junior Engineers despite not possessing their Diploma qualification on the prescribed cut-off date (31 July 1997); their results were declared after that date. A writ petition challenged their selection, and the High Court Division Bench set aside their appointment. The Supreme Court, while acknowledging that eligibility must be determined as on the cut-off date, allowed the appeal on equitable grounds. Having served for nearly 18 years and facing age-bar for subsequent selections, and given that the challenger stood to gain no benefit, the Court declined to disturb their appointment.

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