'Hypertechnical Interpretation Be Avoided' : Supreme Court Allows GST Officer To Be Treated As Candidate Under 'Reserved Female Category'
Live LawRecently, the Supreme Court has observed that the courts should not give a hypertechnical interpretation to the clause that would nullify the effect of the corrigendum/instructions. Reversing the findings of the High Court, the Bench comprising Justices Vikram Nath and Satish Chandra Sharma, directed the Union to consider the selection of a female candidate, who was selected as a Sales Tax Officer, in a 'female reserved category' in place of open general category and provide benefits thereon. At the outset, after perusing the “Upon a perusal of Paragraph 5.10 read with Paragraph 5.14 of the Impugned The court held that the change in the application submitted pursuant to the Impugned The court disagreed with the government's contention that the appellant wouldn't be allowed to function in the 'female reserved category' as she didn't mark 'Yes' in front of question asking whether the applicant possessed the NCL certificate. Accordingly, in our view the Appellant cannot be unfairly deprived of the benefit of female reservation merely on account of the Appellant's honesty and restraint which did not allow her to mark 'yes' against a column inquiring about a prospective candidates' status as a person belonging to the NCL, in the absence of the underlying supporting document.” Further, the court expressed displeasure with the hyper-technical interpretation adopted by the High Court while rejecting the claim of the appellant based on corrigendum to be selected in the 'female reserved category' rather than the open general category. Such an interpretation ought not to have been adopted especially in light of the fact that other persons have been granted the benefit of the Corrigendum; and that the Respondent has relaxed the Instructions qua such persons so as to enable valid NCL Certificates to be furnished.” “Accordingly, taking note of the peculiar facts of the case; and that the Appellant is a meritorious candidate who has cleared the main examination under the 'Open General Category' despite being deserving of the benefit of female reservation, we are inclined to balance the equities and do justice by exercising our power under Article 142 of the Constitution of India.
History of this topic
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