Statement In Advertisement Contrary To Service Regulations Won’t Create Right In Favour Of Applicants
Case: The Employees State Insurance Corporation versus Union of India and others
Coram: Justice DY Chandrachud and Justice AS Bopanna
Case No.: Civil Appeal No. 152 of 2022
Court Observation: “regulations framed by statutory authorities have the force of enacted law and in the event of a conflict between an executive instruction, an office of memorandum in this case and statutory regulations, the latter prevail.”
“an erroneous advertisement would not create a right in favour of applicants who act on such representation.”
“a subsequent amendment to recruitment regulations would override the conditions prescribed in the advertisement.” “The advertisements issued by the appellant mentioned that the DACP Scheme would be applicable for its recruits. However, it is a settled principle of service jurisprudence that in the event of a conflict between a statement in an advertisement and service regulations, the latter shall prevail”.
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