TaxTMI 
TaxTMI 
1997 (3) TMI 599
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....t the results were published only on August 21, 1982. Interviews were held on various dates commencing on August 24,1982. Though these 33 persons (respondents) were not qualified as on the specified date, they were yet interviewed pursuant to certain instructions given by the government. They were selected alongwith some other candidates. Certain candidates who were fully qualified to apply for the said post according to the aforesaid advertisement and who were selected but paced in the selected but placed in the select List below the respondents, filed a write petition in the Jammu and kashmir High Court contending that the 33 respondents could not have been allowed to appear for the interview because they had not acquired the requisite academic/technical qualification by the prescribed date, viz., July 15, 1982. The write petition was dismissed on 27.5.83. No Letters patent Appeal having been filed against the said order, it became final. (It is, however, not known how many persons have joined as petitioners in the said writ petition - W.P. No 250 of 1983). Write Petition 483 of 1983, from which the present proceedings arise, was fled by four candidates, who are the review ....
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....n". The learned Judges held that inasmuch as the 33 respondents (appellants before them ) were qualified by the date of interview, though not by the date prescribed in the advertisement inviting applications, there was no illegality in allowing them to appear for the interview. R.M. Sahai, J., however, held that the said 33 candidates should not have been allowed to appear for the interview since they did not possess the requisite academic/technical qualifications by the prescribed date. Even so the learned Judge agreed with the majority that the seniority of the said 33 Candidates vis-a-vis the qualified candidates ( who are placed at lower position in the Select List) need not be disturbed in the particular facts and circumstances of the case. The Result was that all the three learned Judges allowed the appeals preferred by the 33 respondents and the State of Jammu and Kashmir and set aside the Judgment of the Division Bench. The present review petitions are filed by the four original writ Petition No. 483 of 1983. who were respondents in the Civil appeals in this court. After hearing the counsel for the review petitioners, we had passed the following order on 1.9.95. "Heard M....
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....1997. We heard the learned counsel for the review petitioners, for the State of Jammu and Kashmir and for the 33 respondent So far as the first issue referred to in our order dated Ist September, 1995 is concerned, we are of the respectful opinion that majority judgment (rendered by the Dr. T.K. Thommen and V. Ramaswami, JJ) is unsustainable in law,. the proposition that where applications are called for prescribing a particular date as the last date for fling the applications, the eligibility of the candidates shall have to be judged with reference to that date and that dat e alone, is a well-established one. A person who acquires the prescribed qualification subsequent to such prescribed date cannot be considered at all. An advertisement or notification issued/published calling for applications constitutes a representation to the public and the authority issuing it is bound by such representation. It cannot act contrary to it. One reason behind this proposition is that if it were known that persons who obtained the qualifications after the prescribed date but before the date of interview would be allowed to appear for the interview would be allowed to appear for the interview, ot....
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...., Mr. Rakesh Dwivedi and the learned counsel for the State of Jammu and Kashmir Brought to our notice several reasons for which, they submitted, we should not interfere with the order under review on this score. The Facts pointed out are : (a) Writ Petition No. 250 of 1983 filed by certain similarly placed persons (similar to the review petitioners who are the writ petitioners in Writ Petition No. 483 of 1983 from which these proceedings arises) was dismissed on 27.5.1983. that order has become final, which means that so far as those writ petitioners are concerned, no relief can be granted to them in these proceedings. (b) Even the present Writ Petition No. 483 of 1983 was filed only by four candidates and not by all the candidates affected. these four petitioners did not sue in a representative capacity but in their individual capacity. The other affected persons have not chosen to implead themselves at any stage of these proceedings. It cannot be said that they were not aware of these proceedings. (c) Even though Sahai, J. disagreed with the Majority on the question of law, he too opined (for reasons stated in Paragraphs 22 and 23) that the seniority of the 33 respondents vis-a-v....