Supreme Court of India
Amitabh Shrivastava v. State of Madhya Pradesh & Ors.
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What the Court ordered
We are of the opinion that since the minimum qualifying marks were reduced to 43 per cent by an executive order without any provision therefor in the statutory rules, Rule 9 of the statutory rules could pot be applied at that stage, and that the appellant who had secured I • ,. AMITABH v.
Judgment, page 9
From the headnote
Allowing the appeal by special leave, the Court, HELD : Since the minimum qualifying marks were reduced to 43 per cent by an executive order without any provision therefor in the statutory rules, Rule 9 of the statutory rules could not be applied at that stage, and the appellant who bad secured 43.6 per cent of marks in the aggregate shou1d have been ad mitted in the category to which he belonged. The difference between 45 per cent in the aggregate, to - which the minimum qualifying marks were reduced uuder Note (1) to Rule 20 and 43.6 per cent of marks in the aggregate secured by the
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