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2021 (3) TMI 1349

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..... e state civil services to the IAS, the UPSC Guidelines which have been framed in exercise of powers Under Article 320 of the Constitution would have to be considered. It was necessary for the High Court to do so since it was seized of proceedings Under Article 226 of the Constitution. The High Court having not carried out the exercise, the impugned judgment is set aside - appeal disposed off. - CIVIL APPEAL NO. 821 OF 2021 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 4066 OF 2021 (ARISING OUT OF SPECIAL LEAVE PETITION (C) DIARY NO. 9660 OF 2020)) - - - Dated:- 5-3-2021 - DR. D.Y. CHANDRACHUD AND M.R. SHAH, JJ. For the Appellant : Lalita Kaushik, AOR For the Respondent : Shubhranshu Padhi, AOR, Ashish Yadav, Rakshit Jain a .....

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..... perused the materials including the impugned order. Learned Tribunal has elaborately dealt with the contentions of learned Counsel for the parties with reference to the materials available on record. 6. In paragraph 7, the High Court held that the Tribunal has not committed any jurisdictional error and no interference is warranted. There has been no independent application of mind to the controversy by the High Court. 7. Cutting, copying and pasting from the judgment of the Tribunal, which is placed in issue before the High Court, may add to the volume of the judgment. The size of judicial output does not necessarily correlate to a reasoned analysis of the core issues in a case. Technology enables judges to bring speed, efficiency and .....

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..... s for the purpose of promotion, whereas, in matters relating to selection of officers from the state civil services to the IAS, the UPSC Guidelines which have been framed in exercise of powers Under Article 320 of the Constitution would have to be considered. 9. We do not express any opinion on the merits of the rival submissions. It was necessary for the High Court to do so since it was seized of proceedings Under Article 226 of the Constitution. The High Court having not carried out the exercise, we set aside the impugned judgment and order of the High Court dated 21 November 2019. The writ petition Under Article 226, WP(C) 13029 of 2019, shall stand restored to the file of the High Court. 10. The first Respondent has, in the meanti .....

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