Supreme Court of India
S. Prakash and Anr. v. K.M. Kurian and Ors.
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What the Court ordered
We hold that the amendment brought to the general rules (Kerala State and Subordinate Services Rules) by the Notification dated 5th December, 1992 or as pointed out when it was published in the gazette, i.e. 2nd February, 1993 is not repugnant to special rules and that there is no question of taking away the rights of the candidates who were selected F by the Public Service Commission.
Judgment, page 14
From the headnote
Kera/a State and Subordinate Services Rules 1958, Rule 5 Note (3) and Kera/a Agricultural Income Tax and Sales Tax Services (Rules), Rule 2- Appointmenis to posts of Sales Tax Officers-Special Rules providing that 20% of successive vacancies to be filled up by direct recruitment without providing method/or determining vacancies-Lacunae filled up by amendment to General Rule-Whether amended General Rule will Prevail over Special rule-Held, yes; the amendment to the general rule was not repugnant to the special rule. Interpretation of statutes-Retrospectivity-Selection process commencing in
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