- The rules relating to service matter of appellant and respondent No.6 may be defective in so many aspects but we have to interpret the same as they are and not as they should be — To amend the relevant rules is not the function of the Court. Mushtaq Ahmad v. Azad Govt. & 5 others 2001 SCR 170 (B)
- The required conditions for promotion to the post of Income Tax Officer was 5 years, service in B.14 and having passed the departmental examination — These rules were changed in 1998 — The case of the appellant shall be however, governed by the earlier rules of 1994 because the examination was held in 1977 before the amendment in 1998. Mushtaq Ahmed Mir v. AJ&K Council & 6 others 2005 SCR 309 (A)
- The appellant obtained 34 marks only in the paper of Income Tax Office Procedure out of 100 marks — Less than 40% in the individual paper as prescribed by rules — Hence, he did not qualify the departmental examination — Held: The appeal of the appellant was rightly dismissed by the Service Tribunal. Mushtaq Ahmed Mir v. AJ&K Council & 6 others 2005 SCR 309 (B)
- Rules are to be implemented in true spirit — The implementing authority cannot add something in rules — Nor it can adopt a method not provided in the rules — It is celebrated principle of law that if in the scheme of rules — An act is to be performed in a particular way, it shall be done in that way or not at all. I. G. of Police & another v. M. Azam Khan and others 2008 SCR 562 (C)
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