Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court
4 months, 1 week ago

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India. “The offending part of Condition No.9 of the The Court was hearing a bunch of petitions against Condition 9 in the It was argued by the petitioners that there was no provision for granting bonus marks under the Rajasthan Civil Services Rules, 2023 and without there being any such provision, the condition was not in consonance with the Rules. The Court perused the entire scheme of selection under the Rules and opined that there was no indication of such a provision that allowed granting of bonus marks as per the Condition in the It was highlighted that it was a settled principle that if there was a conflict between the terms and conditions of any “no distinction has been made by the Rule making authority between different personnel, posted in different schools, in different districts of the State of Rajasthan… Hence, the act of granting 10 additional bonus marks to personnel of a particular district is arbitrary, wholly unjustified and contrary to the scheme of Rules of 2023. It is not possible to compartmentalize the State into Districts with a view to offer employment to the residents of that District on a preferential basis.” In this background, the Court held that the provision of granting bonus marks to a particular group of personnel of the district, if they opted their present place/district of posting, was violative of Articles 14, 15 and 16 when tested on the anvil of Right to Equality and it created a class of un-equals amongst equals.

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History of this topic

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court
1 week, 5 days ago

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court

Live Law  

The Jammu and Kashmir High Court has expressed its strong disapproval of the circular issued by the General Administration Department directing all the Administrative Secretaries to keep vacant the slots meant for reserved category employees. The Court held that denying the benefit of reservation in promotion to scheduled castes and keeping their seats vacant would lead to treating citizens of …

Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC
2 months ago

Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC

Live Law  

The Jodhpur bench of Rajasthan High Court quashed the State government's order, which did not regularize a man on the ground that his initial work on daily wages was different from his counterparts, terming the consideration as “irrelevant” and the actions of the State as discriminatory and violative of Articles 14 and 16. Their argument that the petitioner's initial work …

Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court
2 months ago

Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court

Live Law  

Granting relief to judicial officers of the Jharkhand Judiciary who were denied promotion despite meeting the minimum marks required in the suitability test for the merit-cum-seniority quota, the Supreme Court today reiterated that the merit-cum-seniority quota is not a competitive process. The appellants cited the recent decision passed in the case of Ravikumar Dhansukhlal Mehta v. High Court of Gujarat …

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners
2 months, 3 weeks ago

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners

Live Law  

Rajasthan High Court imposed symbolic cost of Rs. Otherwise, the doors of justice would be shut to legitimate causes simply by the weight of undeserving cases which flood the system… Every litigation has to come to an end at some point of time and similar and identical litigation cannot be allowed to flourish again and again for the luxury of …

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates
2 months, 3 weeks ago

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law …

Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court
3 months, 2 weeks ago

Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court imposed cost of Rs. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that once a post was declared to be suitable for a particular kind of disability, a candidate suffering from such disability could not be declared medically unfit, if otherwise, s/he was meritorious, just because …

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate
3 months, 3 weeks ago

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

Live Law  

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. On the other hand, the Counsel for the Respondent stated that the Petitioners were informed well in time that it was mandatory to furnish Class XI mark-sheet along with the …

NEET | Merit Exclusive Criteria To Allocate College, Technical Formalities Can't Frustrate Fundamental Rights Of Meritorious Candidates: Rajasthan HC
4 months ago

NEET | Merit Exclusive Criteria To Allocate College, Technical Formalities Can't Frustrate Fundamental Rights Of Meritorious Candidates: Rajasthan HC

Live Law  

Rajasthan High Court directed the Centre and the National Testing Agency to consider the candidature of petitioners for allocation of collages based on their merits in NEET UG 2024 which was rejected by the Centre on the grounds that the petitioners were not able to submit certain affidavit/ certificates in the prescribed format on time. Secondly, it was opined that …

When Selection Criteria Is Mentioned On Website, Non-Mentioning In Advertisement For Post Does Not Vitiate Selection Process: Rajasthan HC
6 months, 1 week ago

When Selection Criteria Is Mentioned On Website, Non-Mentioning In Advertisement For Post Does Not Vitiate Selection Process: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that not mentioning of selection criteria in the “It is also noted that the Rules of selection were not changed for the selection process as they are very much in existence prior to the date of selection on the Website of RPSC, however, non mentioning of the same in the The bench of Justice Vinit …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
8 months, 2 weeks ago

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the “The ground of rejection of the candidature of the petitioner seems to be wholly …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
8 months, 3 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Supreme Court To Hear On Jun 24 Haryana SSC's Plea Against Quashing Of Notification Granting 5% Addl Marks To State Domiciles In CET
9 months ago

Supreme Court To Hear On Jun 24 Haryana SSC's Plea Against Quashing Of Notification Granting 5% Addl Marks To State Domiciles In CET

Live Law  

The Supreme Court today posted to June 24 pleas filed by the Haryana Staff Selection Commission against setting aside of a 2022 notification which granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on a "socio-economic" criteria.The vacation bench of Justices Vikram Nath and SVN Bhatti was dealing with Haryana SSC's challenge to a judgment …

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids
1 year ago

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids

Hindustan Times  

The Supreme Court has dismissed a plea against the Rajasthan government’s 2001 regulations, which prevent a candidate from applying for a public position if he or she has more than two children. The bench pointed out that the 2003 decision held that the classification, which disqualified candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 11 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court
3 years, 2 months ago

Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court

Live Law  

While considering a special leave petition assailing Jharkhand High Court's order with regards to claim for regularisation, the Supreme Court has observed that one cannot claim negative discrimination qua the persons who have been erroneously granted the benefit of regularisation under Articles 14 and 16 of the Constitution.The bench of Justices Ajay Rastogi and AS Oka remarked that, "We do. …

Recruitments To Posts Of Over 2300 Elementary Trained Teachers In Punjab Set Aside By Punjab & Haryana High Court
3 years, 4 months ago

Recruitments To Posts Of Over 2300 Elementary Trained Teachers In Punjab Set Aside By Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court last week set aside the entire selection process for recruitment to the posts of 2,364 Elementary Trained Teachers 18 months after The Punjab and Haryana High Court last week set aside the entire selection process for recruitment to the posts of 2,364 Elementary Trained Teachers 18 months after The Bench of Justice Mahabir Singh …

District Judge Direct Recruitment At Rajasthan
4 years, 2 months ago

District Judge Direct Recruitment At Rajasthan

Live Law  

The High Court of Rajasthan invites on-line applications in theprescribed online format from the eligible Advocates for direct recruitment tothe vacant posts in the Cadre of District Judge in accordance with theprovisions of Rajasthan Judicial Service Rules, 2010. 51550-1230-58930-1380-63070 Age Limit: 35-45 Years Essential Qualification and Experience Must be a Citizen of India; Must hold a degree of Bachelor of …

No Reservation In Promotions Without Examining Adequacy Of Representation In Promotional Posts : SC [Read Judgment]
4 years, 11 months ago

No Reservation In Promotions Without Examining Adequacy Of Representation In Promotional Posts : SC [Read Judgment]

Live Law  

Following the principle that reservation in promotions cannot be granted without examining adequacy of representation in promotional posts, the Supreme Court on Friday upheld the quashing of a resolution passed Orissa Government.The impugned resolution passed in 2002 had provided reservations for Scheduled Castes and Scheduled Tribes in promotional posts in Orissa Administrative Service. Following the principle that reservation in promotions …

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan …

No reservation for disabled in promotional posts: Himachal Pradesh HC [Read Judgment]
8 years, 9 months ago

No reservation for disabled in promotional posts: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has held that reservation provided under Section 33 of the Persons with Disabilities Act, 1995) is not available on promotion.Dismissing the appeal against the Single Bench judgment, the Division Bench comprising of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan, rejected the. Dismissing the appeal against the Single Bench judgment, the Division Bench …

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