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    <title>1998 (2) TMI 600 - Supreme Court</title>
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    <description>Section 13(4) of the U.P. Higher Education Services Commission Act, 1980 could not be used to appoint a candidate from an earlier select list against a vacancy arising in a succeeding academic year. The Court read the phrase &quot;or otherwise&quot; ejusdem generis with unforeseen vacancies linked to the advertised recruitment, such as death, resignation, non-joining or similar contingencies, and held that a broader construction would defeat the statutory scheme of open competition and merit-based selection. The objection to locus standi also failed because it was not raised earlier and the respondent&#039;s legitimate interest was not disproved. The appeal was accordingly without merit.</description>
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    <pubDate>Mon, 09 Feb 1998 00:00:00 +0530</pubDate>
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      <title>1998 (2) TMI 600 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=188514</link>
      <description>Section 13(4) of the U.P. Higher Education Services Commission Act, 1980 could not be used to appoint a candidate from an earlier select list against a vacancy arising in a succeeding academic year. The Court read the phrase &quot;or otherwise&quot; ejusdem generis with unforeseen vacancies linked to the advertised recruitment, such as death, resignation, non-joining or similar contingencies, and held that a broader construction would defeat the statutory scheme of open competition and merit-based selection. The objection to locus standi also failed because it was not raised earlier and the respondent&#039;s legitimate interest was not disproved. The appeal was accordingly without merit.</description>
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      <pubDate>Mon, 09 Feb 1998 00:00:00 +0530</pubDate>
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