Court : Patna
..... similarly situate who had completed training prior to 1996 on a separate footing on the basis of limited examination different completing the training course later as a proposition of law sounds attractive but considering that in two transactions 2013 (1271+742) appointments have already been made pursuant to acvertisement nos. ..... case stands on a far better footing from the respondents' point of view inasmuch as the impugned resolution does not bring about any change in qualification or eligibility and thus does not affect the right of the candidates considered for appointment on the post. ..... the court noted that when the selection process commenced the concerned candidates were eligible and but for the interim order of the high court their selection and appointment would ..... inform, as early as possible, the existing and anticipated vacancies to the public service commission so that every eligible person may apply and be considered for recruitment if he satisfies the requisite qualification. ..... : (1994)illj780sc , disapproving the method the supreme court observed that it is difficult to accept suggestion for adoption of chain system of recruitment by notifying each year's vacancies and recruiting candidates found eligible for the respective years which would be fraught with grave consequences. ..... in terms of the relevant rule a diploma holder in automobile engineering or mechanical engineering was eligible for appointment, as a result of the amendment the diploma holder became ineligible. .....
Tag this Judgment!Court : Patna
..... in terms of the said decision of the state government, an advertisement was issued inviting applications from the eligible candidates and the appellants and others applied and by following the procedure as prescribed under the scheme as mentioned above, 42 fes and 91 few were appointed. ..... the government of bihar has framed rules of executive business under article 166(3) of the constitution of india to transact the business of the government. .....
Tag this Judgment!Court : Patna
..... the supreme court observed that action of the first respondent in accepting the tender of the 4th respondent, even though they did not satisfy the prescribed condition of eligibility was clearly discriminatory, since it excluded other persons similarly situated from tendering for the contract and it was also arbitrary and without reason. ..... the supreme court observed that if there was no acceptable tender from a person who satisfied the condition or eligibility, the first respondent (airport authority) could have rejected the tenders and invited fresh tender on the basis of a less stringent standard or norm, but it could not depart from the standard or norm prescribed by and ..... found that the tender notice did not even say that after receiving the tenders, the commissioner/government would first determine the viability range and would then call upon the lowest eligible tenders to make a counter-offer. ..... the democratic form of government demands equality and absence of arbitrariness and discrimination in such transactions. ..... in the said matter the appellant before the supreme court was not fulfilling the required qualifications so also the 4th respondent of the said case was not satisfying the condition of eligibility prescribed by the standard or norm. ..... holding that the deletion of clause 6(a) of the tender booklet after offers were received on 23.3.2000 was illegal as the offers had been received on the basis of clause 6(a) and clause 6(b) which would define the condition of eligibility. .....
Tag this Judgment!Court : Patna
..... fraud, counsel submitted, vitiates all transactions and no person can be allowed to benefit from his own fraud, specially in writ jurisdiction. ..... though the petitioner was not eligible for admission in the scheduled tribe category, the fact remains that by virtue of his passing the mbbs course, he would be deemed to have acquired requisite qualification. .....
Tag this Judgment!Court : Patna
..... the parties treated those options valid and such transactions cannot be of any help in the interpretation of the last sentence of rule 4 which clearly provides in no ambiguous and uncertain terms that the option once exercised shall be final.11. ..... this court cannot go into the validity of transactions relating to options of the year 1983. ..... ignoring this provisions by authorities of the university may create a situation where persons who are not legally eligible may become entitled to particular pensionary benefits. ..... if this word is not given a finality of meaning no other word can be used by the law makers to express the end or conclusion of any transaction. .....
Tag this Judgment!Court : Patna
..... applying the aforesaid principle laying down the parameters for judicial review of contractual transactions by state of its instrumentalities, this court, is of the opinion that the terms of the tender notice/bidding document were wrongly interpreted and arbitrarily implemented so as to prevent the consideration of petitioner's bid on merit when he was ..... initially a third issue was also raised that some of the bidders were wrongly treated to be eligible and qualified when they had offered alternative bids contrary to eligibility criteria laid down in clause 13.2 (b)(iii), but this last issue was given up in view of fact that no bidder alleged to have offered alternative bids was allowed with contract/supply ..... according to learned counsel for the petitioner in a bid for supply of books, as in the transactions in question, the period of validity of bid security could not be treated as a matter of substance; the purpose of bid security as appearing from clause 15.7 clearly demonstrates that before the event of forfeiture of bid security could arise, ..... reference to paragraphs 21, 22, and 23 of that judgment it was further submitted that judicial review of contractual transactions is permissible only to prevent arbitrariness, favouritism or use of power for collateral purposes. ..... the corporation issued notice dated 14-11-2000 inviting bids/tenders from eligible printers and publishers for supply of different text books for district primary education programme described as dpep-iii, for .....
Tag this Judgment!Court : Patna
..... though it cannot be said with definiteness that the petitioners would have been selected for promotion along with the respondents and others in the same transaction but considering that at least in two cases they have been promoted (it is not known known whether the petitioner in the third case too has been promoted in the meantime) it seems ..... from bare perusal thereof it would appear-that though it did not specifically refer to consideration of merit of the persons concerned and all those who fulfilled the eligibility were to be considered on the basis of seniority, the fact that for promotion to the officer's (branch officer) cadre three times the number of vacancies persons from the seniority list were ..... a regular policy is formulated by the government of india and adopted by the bank in this regard.the said circular laid down qualifications/eligibility for promotion of field assistant/ field supervisor to the officer's grade and stipulated:(a) taking into account the assessed vacancy and eligibility of staff for promotion to the officer and field supervisor cadre three times the number of vacancies persons from the seniority list will be ..... as many as 24 vacancies - in the post of officer and had the criterion not been changed, they would have been promoted by virtue of their seniority and eligibility but in view of the guidelines, which was given retrospective effect from 31-12-84, promotion was denied to them while respondents 4 to 11, admittedly junior to them, were promoted .....
Tag this Judgment!Court : Patna
..... in the interregnum between the two meetings, since the board does not transact any business, there is no purpose in continuing old members. ..... according to the said section, a member shall on the expiry of his term of office be eligible for re-nomination or re-election. ..... section 10 provides for eligibility of members of re-election. .....
Tag this Judgment!Court : Patna
..... there were three witnesses who claimed to be eye witnesses of the transaction of money and they are p.ws. ..... he also signed the memorandum and raiding party was sent to the office of the appellant and after the money was transacted p. w. .....
Tag this Judgment!Court : Patna
..... the court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments, contracts, and all transactions whatsoever. . . . . ..... hence, you do not meet the eligibility criteria. .....
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