Competency of tribunal to limit the scope of a verdict.
venkatesh Rao
(Querist) 28 May 2012
This query is : Resolved
I have got an interesting issue.
I had applied to the PSC for the post of assistant against vacancy in various departments. I had shown priority to a particular department. I belong to OBC. I was selected under unreserved category. There was no vacancy against general merit quota, but there were vacancies in OBC. I was not allotted to that department as I was not selected under OBC. I approached Tribunal which allowed my application and I was permitted to migrate to my OBC quota.
The verdict squqrely apply to my friends case. He made a representation to PSC to apply the ratio of my judgment to his case. The PSC endorsed that since the judgment expressly stated that the ruling therein applies to the case on hand and future cases and the cases decided already need not be reopened.
Now my question is:
1. Can a High court or Tribunal ever direct that the ratio of its judgment shall not be applied to other cases?
I have come across a decision rendered by the High court of Karnataka in 1987 or 1988, that every one who is similarly situated person need not rush to the court of law and the fruits of the verdict shall be applied to all similarly situated persons. Unfortunately I could not lay my hands.
Will anybody help me. My lawyer says, there is no limitation for approaching the tribunal.
ajay sethi
(Expert) 28 May 2012
judgement cannot have retrospective effect . the judgement was passed on basis of facts of your case .
if facts of other cases are similar the judgement would apply . if PSC is not applying the judgement your friend will have to move court for relief
Shonee Kapoor
(Expert) 30 May 2012
Agreed with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
