Jharkhand HC Stays Law Giving 75% Quota To Locals In Private Jobs, Says Employers Can't Be Prevented From Recruiting Based On Choice
3 months, 1 week ago

Jharkhand HC Stays Law Giving 75% Quota To Locals In Private Jobs, Says Employers Can't Be Prevented From Recruiting Based On Choice

Live Law  

In an interim order passed on Wednesday the Jharkhand High Court stayed the operation of the state law mandating employment of 75% local candidates in private sector against the total notified vacancies. The high court passed the order while hearing a writ petition challenging the constitutional validity of the Jharkhand State Employment of Local Candidates in Private Sector Act, 2021. Ramachandra Rao and Justice Deepak Roshan in its order said, "Prima facie, we are of the opinion that the State of Jharkhand could not have enacted the impugned law and restrict the right of a private employer to recruit from the open market employees who would receive less than Rs.40,000/- pm. "If the implementation of the Act is not stayed, undoubtedly the State authorities would start penalising the private employers by levying hefty financial penalties mentioned in Sections 9 to 12 of the Act.

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History of this topic

Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice
4 days, 15 hours ago

Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice

Live Law  

The Jharkhand High Court directed the state tax authorities to follow due procedure while passing adjudication orders. The Division Bench of Chief Justice Ramachandra Rao and Justice Deepak Roshan stated that “despite directions issued by the Court, it appears that State Tax authorities are continuing to conduct adjudication proceedings in utter disregard to the mandatory provisions of the Act and …

When Appointment Advertisement Is Null & Void, Entire Process Can Be Nullified Without Hearing Appointed Candidates : Supreme Court
1 month, 1 week ago

When Appointment Advertisement Is Null & Void, Entire Process Can Be Nullified Without Hearing Appointed Candidates : Supreme Court

Live Law  

The Supreme Court today declared the 2010 recruitment process for Class-IV employees conducted by the Jharkhand government to be illegal and unconstitutional, thereby quashing the entire process. The Court further directed the state government to issue fresh Citing factors such as non-mentioning of the number of posts, not specifying the applicable reservation, and changing rule of game mid-way on including …

HC stays 75% local jobs quota in Jharkhand private sector
3 months, 1 week ago

HC stays 75% local jobs quota in Jharkhand private sector

Hindustan Times  

The Jharkhand high court has stayed the implementation of a state law that guarantees 75% reservation to locals in private-sector jobs with monthly salaries up to ₹40,000 in the mineral-rich state, a lawyer familiar with the development said on Thursday. HC stays 75% local jobs quota in Jharkhand private sector A division bench of chief justice MS Ramchandra Rao and …

Jharkhand High Court halts 75% job quota for locals in private sector
3 months, 1 week ago

Jharkhand High Court halts 75% job quota for locals in private sector

India Today  

The Jharkhand High Court has put on hold the implementation of the Jharkhand State Employment of Local Candidates in Private Sector Act, 2021. The law mandates 75 per cent reservation for local candidates in private sector jobs. A division bench comprising Chief Justice MS Ramchandra Rao and Justice Dipak Roshan passed the order while hearing a petition filed by Inder …

Jharkhand HC put stay on law giving 75 per cent reservation for locals in private companies
3 months, 1 week ago

Jharkhand HC put stay on law giving 75 per cent reservation for locals in private companies

New Indian Express  

In a setback to the Hemant Soren Government in Jharkhand, the Jharkhand High Court on Wednesday put a stay on the implementation of the 75 per cent reservation for locals in private companies in the state. The petition was filed by the President of Jharkhand Small Industries Association, Ajay Pacheriwala, challenging the 'Jharkhand State Employment of the Local Candidate in …

Jharkhand HC Issues Contempt Notices To Two Senior Officials Of State Education Department For Violating Court Orders, Withholds Salaries
3 months, 2 weeks ago

Jharkhand HC Issues Contempt Notices To Two Senior Officials Of State Education Department For Violating Court Orders, Withholds Salaries

Live Law  

The Jharkhand High Court has directed the withholding of salaries of the Secretary of the School Education and Literacy Department and the Director of Secondary Education for failing to comply with prior court directives and attempting to circumvent its orders. Highlighting the repeated misconduct, Justice Sanjay Prasad, presiding over the case, remarked, “This Court fails to understand the approach of …

Jharkhand: Setback For Hemant Soren Ahead Of Oath-Taking As MP-MLA Court Rejects Exemption Plea In ED Case
3 months, 3 weeks ago

Jharkhand: Setback For Hemant Soren Ahead Of Oath-Taking As MP-MLA Court Rejects Exemption Plea In ED Case

ABP News  

In a major setback for Hemant Soren ahead of his oath-taking ceremony, the MP-MLA Special Court in Ranchi has rejected a plea filed by the JMM leader seeking exemption from personal appearance in the case related to the alleged non-compliance of summonses issued by the Enforcement Directorate. The ED had filed a petition before the chief judicial magistrate court saying …

Supreme Court Stays HC Order For CBI Probe Into Alleged Irregularities In Jharkhand Assembly Appointments
4 months ago

Supreme Court Stays HC Order For CBI Probe Into Alleged Irregularities In Jharkhand Assembly Appointments

Live Law  

The Supreme Court today stayed a Jharkhand High Court order, whereby alleged irregularities in the appointments and promotions to Jharkhand State Assembly were directed to be enquired into by the Central Bureau of Investigation. To briefly state facts of the case, one Shiv Shankar Sharma, a social worker, approached the Jharkhand High Court with a public interest litigation seeking a …

Jharkhand Need Not Nominate Members To Committee Appointed By HC To Identify Illegal Migrants: Supreme Court
4 months, 1 week ago

Jharkhand Need Not Nominate Members To Committee Appointed By HC To Identify Illegal Migrants: Supreme Court

Live Law  

The Supreme Court today issued notice to the Union of India returnable December 3 in a Special Leave Petition filed by the State of Jharkhand against order dated September 20, 2024, passed by the Jharkhand High Court, whereby the Court appointed a fact-finding committee comprising of officers of the Central Government for determining illegal immigrants from Bangladesh.A bench. The Supreme …

Jharkhand High Court Advocates' Association Ends Strike As Division Bench Stays Order Debarring Lawyer
10 months ago

Jharkhand High Court Advocates' Association Ends Strike As Division Bench Stays Order Debarring Lawyer

Live Law  

Jharkhand High Court Advocates' Association today concluded its strike following a Division Bench order staying the debarment of a lawyer. Exercising its authority under Article 215 and 226 of the Constitution coupled with Section 14 of the Contempt of Court Act, bench of Justice Rajesh Kumar on May 15 suspended the license of a lawyer and barred him from entering …

Stalling Whole Recruitment Process Antithetical To Public Interest: J&K High Court Lifts Freeze On Recruitment To 1395 Posts Of Panchayat Secretary
10 months, 3 weeks ago

Stalling Whole Recruitment Process Antithetical To Public Interest: J&K High Court Lifts Freeze On Recruitment To 1395 Posts Of Panchayat Secretary

Live Law  

Prioritising public interest over the petitioner's claims based on a draft proposal yet to be approved the Jammu and Kashmir and Ladakh High Court on Thursday vacated the status quo order that stalled the recruitment process for 1395 Panchayat Secretary posts. Directing official respondents to finalize the selection process expeditiously Justice Wasim Sadiq Nargal observed, “…This Court is of the …

Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024
11 months, 2 weeks ago

Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024

Live Law  

Nominal Index Binod Kumar Mishra vs The State of Jharkhand 2024 LiveLaw 44 Sachindra Singh @ Sacha @ Sachchi Singh Versus The State of Jharkhand 2024 LiveLaw 45 Julekha Khatoon v. The State Of Jharkhand 2024 LiveLaw 46 Sudhir Narayan vs. the State of Jharkhand 2024 LiveLaw 47 Md. The State of Jharkhand 2024 LiveLaw 50 Rahul Gandhi vs The …

District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates
1 year, 1 month ago

District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates

Live Law  

Recently, the Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar directed the High Court of Jharkhand to consider the appointment of seven persons qualified to. Recently, the …

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
1 year, 3 months ago

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court

Live Law  

The Jharkhand High Court has noted that the intention behind the exemption from personal appearance of accused, as outlined in Section 205 of the Criminal Procedure Code, is to ensure that accused individuals are not subjected to unnecessary harassment and that the complainant does not suffer any undue prejudice. Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption under Section …

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court
1 year, 6 months ago

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court

Live Law  

While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code Justice Sanjay Kumar Dwivedi observed, …

The unpopularity of Jharkhand’s new recruitment policy could have lasting political ramifications
1 year, 9 months ago

The unpopularity of Jharkhand’s new recruitment policy could have lasting political ramifications

The Hindu  

The call for the withdrawal of Jharkhand’s new “60-40” recruitment policy, being opposed everywhere in the State by student unions, shows no sign of abating. In November 2022, the Jharkhand Government passed a Bill in the State Assembly making the land records of 1932 as the criteria for verifying domicile in the State for the recruitment policy. Later, in 2016, …

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court
2 years, 8 months ago

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court passed the observations in two petitions filed by the casual labourers challenging the order of …

Supreme Court Adjourns Jharkhand Govt's Plea Challenging Maintainability Of PIL Seeking Probe Against CM Hemant Soren
2 years, 9 months ago

Supreme Court Adjourns Jharkhand Govt's Plea Challenging Maintainability Of PIL Seeking Probe Against CM Hemant Soren

Live Law  

The Supreme Court on Friday adjourned the petition filed by the Jharkhand Government's plea assailing the High Court's order accepting the maintainability of a PIL seeking independent probe against Chief Minister Hemant Soren for alleged money laundering through shell companies. The bench had made its clear that the High Court should decide this first" The State has assailed the Jharkhand …

Jharkhand Govt Moves Supreme Court Against HC's Order On Maintainability Of PIL Seeking CBI/ED Probe Against CM Hemant Soren
2 years, 9 months ago

Jharkhand Govt Moves Supreme Court Against HC's Order On Maintainability Of PIL Seeking CBI/ED Probe Against CM Hemant Soren

Live Law  

The State of Jharkhand has approached the Supreme Court assailing the High Court's order accepting the maintainability of a PIL seeking independent probe against CM Hemant Soren for alleged money laundering through shell companies. "This is on behalf of State of Jharkhand, assailing the order of June 3, directing the High Court to decide on the maintainability of the PIL …

Merely Because The Petitioner Has Been Acquitted Later On Does Not Dilute The Allegation Of Suppression Of A Pending Criminal Case: Jharkhand High Court
2 years, 10 months ago

Merely Because The Petitioner Has Been Acquitted Later On Does Not Dilute The Allegation Of Suppression Of A Pending Criminal Case: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that the suppression of a pending criminal case is all the more serious, and merely because the petitioner has been acquitted later on does not dilute the allegation of suppression. The petitioner's services were terminated on account of impression of facts and furnishing incorrect information about the pendency of a criminal case at the …

No Manufacturing Activity Within State , ITC Cannot Be Denied Under JVAT Act: Jharkhand High Court
2 years, 11 months ago

No Manufacturing Activity Within State , ITC Cannot Be Denied Under JVAT Act: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that Input Tax Credit can be denied on Inter-State sale or transfer of stock under Section 18 of the Jharkhand Value Added Tax Act, 2005 only when some manufacturing activity is undertaken by the assessee in the State. The Deputy Commissioner of Commercial Taxes passed an assessment order disallowing the Input Tax Credit to …

Haryana's 75% job quota for locals to stay, Supreme Court stays aside Punjab & Haryana HC order
3 years, 1 month ago

Haryana's 75% job quota for locals to stay, Supreme Court stays aside Punjab & Haryana HC order

India TV News  

Highlights Supreme Court sets aside Punjab & Haryana HC order on quota in pvt sector jobs for Haryana residents SC bench also directed the Haryana government not to take coercive action against employers Solicitor General Tushar Mehta appeared for the Haryana government Haryana job reservation: The Supreme Court on Thursday set aside a Punjab and Haryana High Court order staying …

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC
3 years, 1 month ago

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC

Live Law  

The Jharkhand High Court has recently reiterated that the writ court does not sit in appeal against the orders passed in departmental proceedings, particularly when there are concurrent findings concerning the proved charges. Referring to the precedent in Pravin Kumar v. Union of India, Justice Anubha Rawat Choudhary noted,"This Court finds that in the instant case the petitioner has not. …

Can A State Restrict Employment On The Basis Of Domicile?: Punjab & Haryana High Court To Examine
3 years, 1 month ago

Can A State Restrict Employment On The Basis Of Domicile?: Punjab & Haryana High Court To Examine

Live Law  

While putting an interim stay on the implementation of Haryana state's law providing for 75% reservation for state domicile in the private sector, the Punjab and Haryana High Court underscored that the core issue which is to be examined is - whether any State can restrict employment on the basis of domicile.The stay on the law came from the Bench …

Haryana Govt Moves Supreme Court Against HC Stay On 75% Quota For Locals In Private Jobs; SC To Hear On Feb 7
3 years, 1 month ago

Haryana Govt Moves Supreme Court Against HC Stay On 75% Quota For Locals In Private Jobs; SC To Hear On Feb 7

Live Law  

The State of Haryana has filed a Special Leave Petition in the Supreme Court against the order passed by the Punjab and Haryana High Court yesterday to stay the Haryana law which provided 75% reservation for local people in private sector.Solicitor General of India Tushar Mehta mentioned the petition on Friday before the Chief Justice of India for urgent listing. …

COVID-OMICRON: Jharkhand HC Extends All Interim Orders Passed By It & Courts Subordinate To It Till February 15 [Read Order]
3 years, 2 months ago

COVID-OMICRON: Jharkhand HC Extends All Interim Orders Passed By It & Courts Subordinate To It Till February 15 [Read Order]

Live Law  

Considering the pandemic situation in the state, the Jharkhand High Court on Thursday extended the life of all interim orders passed by it or the courts subordinate to it till February 15, 2022. The decision was taken by a Full Bench of the High Court comprising Chief Justice Ravi Ranjan and Justices Sujit Narayan Prasad and Rajesh Shankar. "In view …

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. …

7th Jharkhand Public Service Exams: Supreme Court Dismisses Plea Challenging Age Limit Relaxation
3 years, 5 months ago

7th Jharkhand Public Service Exams: Supreme Court Dismisses Plea Challenging Age Limit Relaxation

Live Law  

The Supreme Court today dismissed a special leave petition challenging Jharkhand High Court's order of dismissing a petition challenging the modification in the cut off date for determining age limit to appear in the 7th Jharkhand Public Service Commission. Commission's counsel also contended that since no examination could be held for 5 years, the Government to accommodate the aspirants for …

7th Jharkhand Public Service Commission Exams: Whether Age Relaxation Can Be Granted Or Not? Supreme Court To Consider
3 years, 6 months ago

7th Jharkhand Public Service Commission Exams: Whether Age Relaxation Can Be Granted Or Not? Supreme Court To Consider

Live Law  

The Supreme Court has issued notice in a special leave petition challenging Jharkhand High Court's order of dismissing the appeal seeking modification in the cut off date for determining age limit to appear in the 7th Jharkhand Public Service Commission. JPSC thereafter advertised Jharkhand Combined Civil Services Competitive Exam, 2021 and as per clause 4 of the said Case Before …

Jharkhand assembly clears Bill to reserve 75% of pvt sector jobs for locals
3 years, 6 months ago

Jharkhand assembly clears Bill to reserve 75% of pvt sector jobs for locals

Hindustan Times  

The Jharkhand Assembly Wednesday cleared the Jharkhand State Employment of Local Candidates in Private Sector Bill, 2021, which reserves 75 per cent of all existing jobs in the private sector with a monthly salary of up to ₹40,000 for locals. Once notified, the Act will make Jharkhand the third state in the country, after Andhra Pradesh and Haryana, to have …

Jharkhand Assembly Gives Nod to Bill for 75 Per Cent Quota in Private Sector Jobs for Locals
3 years, 6 months ago

Jharkhand Assembly Gives Nod to Bill for 75 Per Cent Quota in Private Sector Jobs for Locals

News 18  

The Jharkhand Assembly on Wednesday passed a bill that provides for 75 per cent reservation to locals in jobs with salaries up to Rs 40,000 a month in the private sector amid uproarious scenes. Once the Jharkhand State Employment of Local Candidates in Private Sector Bill, 2021, is enacted, Jharkhand will become the third state in the country after Andhra …

Jharkhand assembly clears 75% quota in private jobs for locals
3 years, 6 months ago

Jharkhand assembly clears 75% quota in private jobs for locals

Hindustan Times  

Ranchi: A select committee of the Jharkhand assembly has cleared with some changes a key piece of legislation that accords 75% reservation to locals in all existing jobs up to ₹40,000 per month in the private sector. Among the changes made in the original Bill include adding the words “private sector” in the amended bill, changing its name to “The …

Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order
3 years, 8 months ago

Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order

Live Law  

The Supreme Court has recently quashed an order of the Jharkhand High Court in an anticipatory bail case, seeking the personal presence of State officials for the "betterment of the criminal justice system." A division bench comprising Justice Sanjay Kishan Kaul and Krishna Murari took objection to the impugned judgment and cautioned High Courts against "unnecessary summoning officers" in a …

'Public Service Commission Has No Power To Relax Recruitment Norms' : Jharkhand High Court Quashes Civil Service Exams Result
3 years, 9 months ago

'Public Service Commission Has No Power To Relax Recruitment Norms' : Jharkhand High Court Quashes Civil Service Exams Result

Live Law  

The Jharkhand High Court has quashed the merit list of the 6th Combined Civil service Examination, 2016 which was conducted by the State Public Service Commission to fill 326 positions. A Single Bench of Justice Sanjay Kumar Dwivedi quashed the result upon noting that the merit list was not prepared by the JPSC by following the criteria of minimum qualifying …

Supreme Court Refuses To Entertain Jharkhand Speaker's Plea Against HC Stay On Disqualification Notice To Babulal Marandi
4 years, 2 months ago

Supreme Court Refuses To Entertain Jharkhand Speaker's Plea Against HC Stay On Disqualification Notice To Babulal Marandi

Live Law  

The Supreme Court on Tuesday refused to entertain a special leave petition filed by the Speaker of Jharkhand assembly challenging the the stay ordered by the Jharkhand High Court on the disqualification notice served on Babulal Marandi MLA.A bench headed by the Chief Justice of India said that the bench was not inclined to entertain the plea as the High …

[100% Reservation Based On Domicile] Cannot Be Mute Spectator To Illegal Actions Of State: Jharkhand HC Quashes 8,423 Govt. Teacher Appointments in 13 Scheduled Districts [Read Judgment]
4 years, 5 months ago

[100% Reservation Based On Domicile] Cannot Be Mute Spectator To Illegal Actions Of State: Jharkhand HC Quashes 8,423 Govt. Teacher Appointments in 13 Scheduled Districts [Read Judgment]

Live Law  

The Jharkhand High Court on Monday struck down the appointments of 8,423 government primary school teachers from 13 Scheduled Districts of the state, asserting that a policy of 100% reservation in matters of employment violates the very essence of Fundamental Rights. On a plain reading of the impugned notification and order, the High Court bench found that the Governor of …

Plea In Jharkhand HC Challenging Section 64 Of CrPC As Gender Discriminatory [Read Petition]
5 years ago

Plea In Jharkhand HC Challenging Section 64 Of CrPC As Gender Discriminatory [Read Petition]

Live Law  

Two students of NUSRL, Ranchi have moved the Jharkhand High Court challenging Section 64 of CrPC, on the basis of it being a gender biased provision. Section 64 states "Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member …

Jharkhand HC Stays Proceeding Against Union Agriculture Minister
5 years, 9 months ago

Jharkhand HC Stays Proceeding Against Union Agriculture Minister

Live Law  

In a relief to Union Agriculture Minister Narendra Singh Tomar, the Jharkhand High Court has granted a stay in proceeding against him in lower court in a case related to alleged insult and provocation knowing that it would cause break of public peace. Justice AK Gupta granted the stay on the ground that the complainant failed to appear before HC …

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