Supreme Court · 2008 INSC 304 · Decided 5 March 2008
Dhananjay Malik and ORS. v. State of Uttaranchal and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 304 · [2008] 3 S.C.R. 1035
- Case number
- CIVIL APPEAL No. 1771/2008
- Decided
- 5 March 2008
- Bench
- H.K. SEMA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 309
Headnote
Service Law - Selection - Selection criteria - Challenged by unsuccessful candidates - Held: The challenge is not sustainable - Unsuccessful candidates, having participated c in the selection process without any demur, were estopped from challenging the selection criteria - Rule of Law - Administrative instructions - Issuance of, to fill up gaps and supplement Rules - Scope - D ~- Held: Statutory Rules cannot be amended or superseded by administrative instructions, but if the rules are silent on any particular point, the Government can fill up gaps and supplement
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