LAWS(SC)-1991-9-54

MOHAN KUMAR SINGHANIA MAHESH D PATHAK NITIN D WAKANKAR NAVNEET GOEL S VENKATESWAR DINESH KUMAR SINGH ROHIT CHOUDHARY ANIL KANT R MANJUNATHASWAMY ARUN KUMAR RAY Vs. UNION OF INDIA

Decided On September 13, 1991
Mohan Kumar Singhania Mahesh D Pathak Nitin D Wakankar Navneet Goel S Venkateswar Dinesh Kumar Singh Rohit Choudhary Anil Kant R Manjunathaswamy Arun Kumar Ray Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The above batch of civil appeals in which common questions of law arise, is preferred by special leave under Article 136 of the Constitution of India against the judgments dated 20/08/1 9/10/1990 and Oct 5/10/1990 of the central Administrative tribunal, Principal bench, New Delhi (hereinafter referred to as tribunal) rendered in various affiliated groups of original applications (OAs) upholding the validity of the second proviso to Rule 4 of the Civil Services Examination Rules (hereinafter referred to as 'cse Rules') introduced by Notification No. 13016/4/86-AIS (1 dated Decem- ber 13, 1986 (published in the Gazette of India Extraordinary, Part I Sec- tion 1. Be it noted that similar notification has been/is being issued each year for the general information of the candidates setting down the terms and conditions, eligibility etc. to sit for the Civil Services Examination of the concerned year.

(2.) While a substantial number of OAs filed before the tribunal at Delhi were pending, a similar number of analogous OAs filed before the benches of Administrative tribunals at Patna, Allahabad, Chandigarh, Jabalpur, Hyderabad, Jodhpur and Ernakulam were transferred to the tribunal at Delhi since common questions of law arose for determination in all the OAs.

(3.) The tribunal rendered its main judgment in O. A. No. 206 of 1989 Alok Kumar v. Union of India and 61 other OAs in which the factsappear to be common. The other judgments were passed on the basis of the conclusions arrived in O. A. No. 206 of 1989 and the connected batch of OAs. Since the tribunal has set out only the facts in the case of Alok Kumar (O. A. No. 206 of 1989 treating it as a main application and illustrative of the questions raised, we would like to briefly indicate the facts of Alok Kumar case so that the impelling circumstances which led to the filing of these appeals and the common questions of law involved may be understood in the proper perspective in the light of judgment of the tribunal.