2003 (9) TMI 76

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.... invited applications for recruitment to two posts of Manager (Finance and Accounts) by advertisement dated July 18, 1995. The advertisement inviting applications for the two posts of Manager (Finance and Accounts), one post for general and one post of scheduled caste, prescribed the requisite educational qualification. It was stipulated in the advertisement that the age and other qualifications were to be reckoned as of July 31, 1995. It ' was also indicated that the applications in the prescribed format with complete information should reach the prescribed authority before July 29, 1995, and incomplete applications and applications without necessary enclosures were to be rejected. The appellant and respondents Nos. 4 and 5 were applica....

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....se No. I [1993] Supp 2 SCC 611, has been later on overruled in Ashok Kumar Sharma v. Chander Shekhar [1997] 4 SCC 18 (described hereinafter as Ashok Kumar Sharma Case No. II). Therefore, a review of the judgment of the Division Bench was necessary. The High Court by the impugned judgment held that though admittedly on July 18, 1995, i.e., on the date of advertisement respondent No. 4 was not qualified to make an application, yet a few dates and facts are relevant. He had appeared for the MBA examination in April, 1995, and the results were declared on September 4, 1995. The written examination was held on October 1, 1995, and viva voce was conducted on November 25, 1995. At least by the time the written examination and the viva voce tests w....

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....rlier. It is a device innovated to avoid reopening of settled issues, to prevent multiplicity of proceedings, and to avoid uncertainty and avoidable litigation. In other words, actions taken contrary to the law declared prior to the date of declaration are validated in larger public interest. The law as declared applies to future cases. It is for this court to indicate as to whether the decision in question will operate prospectively. In other words, there shall be no prospective overruling, unless it is so indicated in the particular decision. It is not open to be held that the decision in a particular case will be prospective in its application by application of the doctrine of prospective overruling. The doctrine of binding precedent hel....