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TMI Blog2003 (9) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and enables an organic development of the law besides providing assurance to the individual as to the consequences of transactions forming part of the daily affairs. That being the position, the High Court was in error by holding that the judgment which operated on the date of selection was operative and not the review judgment in Ashok Kumar Sharma's Case No. II [1997 (3) TMI 599 - SUPREME COURT]. All the more so when the subsequent judgment is by way of review of the first judgment in which case there are no judgments at all and the subsequent judgment rendered on review petitions is the one and only judgment rendered, effectively and for all purposes, the earlier decision having been erased by countenancing the review applications. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 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 applicants in response to the advertisement. Though respondent No. 4 was not qualified on the last date for submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 were held, he had acquired the requisite qualification. The judgment in Ashok Kumar Sharma's Case No. I [1993] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 helps in promoting certainty and consistency in judicial decisions and enables an organic development of the law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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