Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
5 months, 3 weeks ago

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Live Law  

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education. Referring to decisions of the high court on the issue, a single judge bench of Justice Anoop Kumar Dhand noted that in the instant case there was no allegation that the result of the concerned school was lowered down "due to commission or omission" on the part of the petitioner teacher. "The result remained below the norms fixed by the Department of Education, may be for several reasons and without arriving at a finding that the result came down due to commission or omission on the part of the petitioner, the petitioner could not have been penalized under Rule 17 of the Rules of 1958. Hence, the impugned order dated 30.11.2017, passed by the respondents, is not tenable in the eye of law and the same is liable to be quashed and set aside and is hereby quashed and set aside," the court said.

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History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 3 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Rajasthan High Court Stays 800 Kilometers Far Transfer Of Lecturer Who Filed Sexual Harassment Complaint Against Govt School Principal
1 month, 1 week ago

Rajasthan High Court Stays 800 Kilometers Far Transfer Of Lecturer Who Filed Sexual Harassment Complaint Against Govt School Principal

Live Law  

The Jodhpur bench of the Rajasthan High Court has stayed the transfer of a government school lecturer who had filed a sexual harassment complaint against the school Principal.After the woman alleged that the 800 km far transfer was a consequence of her complaint, Justice Arun Monga issued notice on her plea and directed:"Meanwhile, the petitioner shall be allowed to discharge …

Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary
2 months ago

Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary

Live Law  

The Jodhpur bench of the Rajasthan High Court recently granted interim relief to a government Medical Officer who had been suspended by the State, after he was arrested in a case for allegedly helping the principal accused in preparing a fabricated mark-sheet. Justice Arun Monga said, "Given the sheer time lapse between the time when the petitioner was arrested and …

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 1 week ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 1 week ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice
2 months, 1 week ago

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice

Live Law  

“The petitioners reversion is a natural concomitant of grant of promotion to the persons senior to them, which has been done in review DPC.Such being the factual backdrop, the observance of principles of natural justice, even if made, would have been an empty formality, ” the bench observed. In such a scenario, bench of Justice Dinesh Mehta said, the State's …

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
2 months, 2 weeks ago

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet

Live Law  

Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report. The bench of Justice Dinesh Mehta held that, “In the opinion of this …

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents
2 months, 3 weeks ago

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Live Law  

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited. Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the …

Govt Teacher Burning Education Minister's Effigy Is Guilty Of Official Misconduct, Cannot Be Tolerated Under Freedom Of Expression: Rajasthan HC
3 months ago

Govt Teacher Burning Education Minister's Effigy Is Guilty Of Official Misconduct, Cannot Be Tolerated Under Freedom Of Expression: Rajasthan HC

Live Law  

While terming it one of the most glaring cases of insubordination, the Rajasthan High Court rejected a petition filed against the suspension of a Government teacher for hurling slogans and using unparliamentary language against the Education Minister, burning his effigies and also raising hoarding belittling him, ruling that such unruly behaviour could not be tolerated in the name of freedom …

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 …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 months, 3 weeks ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court
4 months ago

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court

Live Law  

Rajasthan High Court set aside the punishment of removal from service against a constable who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive. The bench of Justice Vinit …

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC
4 months ago

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC

Live Law  

Rajasthan High Court rejected a petitioner' challenge to Civil Judge's order of rejecting his application for dismissal of suit, under Order 7, Rule 11, CPC, filed on the ground that the suit was undervalued and filed after paying insufficient court fees. The bench of Justice Manoj Kumar Garg ruled that even if there was undervaluation or payment of insufficient court …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court
4 months ago

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Live Law  

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it. It was the case of the petitioner that since the penalty of stopping three annual grade increments was set aside by the …

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court
5 months, 3 weeks ago

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

Live Law  

Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect. “When a person is entrusted with the pious duty of imparting education and …

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, …

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students
7 months, 3 weeks ago

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

Live Law  

The Delhi High Court recently directed the Central Board of Secondary Education to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams. Observing that the petitioner school had been “very negligent” in the present case, a single judge bench of Justice Swarana Kanta Sharma …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
7 months, 3 weeks ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
8 months, 1 week ago

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Live Law  

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in …

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 …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
9 months, 3 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 1 week ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Petitioner-school associations opposing board exams for classes 5, 8, 9 and 11 due to ‘vested interests’, govt. claims before Karnataka High Court
1 year ago

Petitioner-school associations opposing board exams for classes 5, 8, 9 and 11 due to ‘vested interests’, govt. claims before Karnataka High Court

The Hindu  

The State government on Wednesday claimed before the High Court of Karnataka that litigating associations of certain private unaided schools are opposing the board exams for classes 5, 8, 9, and 11 owing to “vested interests” as many of their member-schools don’t teach lessons from the State government-prescribed textbooks. However, the Division Bench on March 7 stayed the single judge’s …

Playing With Children's Future: High Court Imposes ₹1 Lakh Cost On Bengaluru's Brigade School For Delayed Compliance Of Its Order
1 year, 2 months ago

Playing With Children's Future: High Court Imposes ₹1 Lakh Cost On Bengaluru's Brigade School For Delayed Compliance Of Its Order

Live Law  

The Karnataka High Court on Friday saddled the Brigade School in Bengaluru's Malleshwaram area with Rs 1 lakh cost for failure to comply with its interim order requiring it to permit petitioner's daughter to attend classes. The counsel for the respondent however filed a compliance affidavit stating that the school had passed a resolution for allowing the child in question …

Once Deduction Claim Of Education Cess Is Withdrawn, Assessee Immuned From Imposition Of Section 270A Penalty: Rajasthan High Court
1 year, 2 months ago

Once Deduction Claim Of Education Cess Is Withdrawn, Assessee Immuned From Imposition Of Section 270A Penalty: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that once the deduction claim for education cess is withdrawn, the assessee is immune from the imposition of a penalty under Section 270A of the Income Tax Act.The bench of Justice Vijay Bishnoi and Justice Munnuri Laxman has observed that neither in the assessment order nor in the subsequent show-cause notices, the Assessing Officer …

HC refuses to cancel arrest warrant against education secretary
1 year, 3 months ago

HC refuses to cancel arrest warrant against education secretary

Hindustan Times  

The Nagpur bench of the Bombay high court has upheld the arrest warrants issued against the education secretary, Ranjit Singh Deol, and the deputy secretary, education, Santosh Gaikwad, for not complying with the court’s earlier order regarding payment of salaries to special teachers. HT Image The high court last year asked the government to pay the petitioners - one Chitra …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 5 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case
1 year, 7 months ago

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case

Live Law  

The Madras High Court has suspended the order of imprisonment against IAS officer Pradeep Yadav and two others in the contempt case for failure to implement court orders while he was holding the post of the Principal Secretary to the School Education Department.The division bench of Justice SS Sundar and Justice Bharatha Chakravarthy of the Madurai bench suspended the sentence …

No Board Exams For 5th And 8th Class Students In State Board: Karnataka High Court Quashes Govt Circulars
2 years ago

No Board Exams For 5th And 8th Class Students In State Board: Karnataka High Court Quashes Govt Circulars

Live Law  

The Karnataka High Court on Friday quashed three circulars issued by the State government by which it prescribed a Board Examination for students of Standards 5 and 8th in schools affiliated to the state board. The bench orally said “The State government can follow the procedure and do it for the next academic year.” The petitioners had questioned the circular …

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
2 years, 2 months ago

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Live Law  

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.In this case, the appellant was terminated from service after conducting a disciplinary proceedings. Interpreting Section 18 of the Rajasthan …

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC
2 years, 3 months ago

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC

Live Law  

Punjab and Haryana High Court recently reiterated that apart from the claim of "equal pay for equal work" under Article 39 of the Constitution of India, the concept of equality will also apply to temporary employees and they can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same …

School Teacher Suing Headmistress No Reason To Withhold Teacher's Annual Increments: Chhattisgarh High Court
2 years, 6 months ago

School Teacher Suing Headmistress No Reason To Withhold Teacher's Annual Increments: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently chastised a private school while exercising its writ jurisdiction under Article 226 of the Constitution for withholding the annual increment and benefit of 6th Pay Commission of its Assistant Teacher, merely on the ground that she had sued the school's headmistress. Justice Arvind Singh Chandel observed: "The Petitioner has been denied the above benefits only …

Madras HC orders issuance of no caste, no religion certificate to student
2 years, 7 months ago

Madras HC orders issuance of no caste, no religion certificate to student

Hindustan Times  

The Madras High Court on Tuesday directed the authorities concerned to issue a "no caste, no religion" certificate to a student studying in a school in Ambattur here. Madras HC orders issuance of no caste, no religion certificate to student Justicie Abdul Quddhose gave a ruling to this effect while passing orders on a writ petition from J Yuvan Manoj …

Prior Approval Of Education Director Not Necessary For Disciplinary Action Against Employee Of Unaided Recognized Educational Institution: Rajasthan HC
2 years, 10 months ago

Prior Approval Of Education Director Not Necessary For Disciplinary Action Against Employee Of Unaided Recognized Educational Institution: Rajasthan HC

Live Law  

The Rajasthan High Court has reiterated that prior approval of the Director of Education is not necessary before taking disciplinary action against an employee of Unaided Recognized Educational Institutions. Pai Foundation and the three Judges Larger Bench of this Court in the case of Central Academy Society, that prior approval of the Director of Education is not necessary before taking …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 11 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground
3 years ago

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground

Live Law  

The Rajasthan High Court has observed that unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow. As per petitioner, the playground of the school was illegally leased out to large number of the persons by the Gram Panchayat without any authority of law and when complaints were made, the competent authority initiated proceedings …

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate
3 years, 1 month ago

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate

Live Law  

The Calcutta High Court on Tuesday sought the personal appearance of a school headmaster for not complying with an earlier order of the Court wherein the concerned school had been instructed to file an affidavit enumerating as to why a no-objection certificate could not be granted to the petitioner.Justice Abhijit Gangopadhyay noted that the earlier order of the Court dated …

'School Authorities Bypassed Statutory Procedure': Delhi HC Vindicates Rusticated Probationer In Cheating Case, Orders ₹15 Lakh Compensation
3 years, 1 month ago

'School Authorities Bypassed Statutory Procedure': Delhi HC Vindicates Rusticated Probationer In Cheating Case, Orders ₹15 Lakh Compensation

Live Law  

In a ruling that vindicates a terminated probationer battling civil and criminal proceedings by a private aided school for 26 years, the Delhi High Court has awarded compensation to the tune of Rs. Justice Jyoti Singh upheld and partly modified the Order of Delhi School Tribunal, quashing the dismissal order of the School Authorities due to not adhering to the …

Karnataka HC Directs 15 % Waiver On School Fees For 2020-21
3 years, 6 months ago

Karnataka HC Directs 15 % Waiver On School Fees For 2020-21

Live Law  

The Karnataka High Court has modified the Government order dated 29.01.2021, inter alia restraining the educational institutions from collecting fees for the academic year 2020-2021 in excess of 70% of the tuition fees. A single bench of Justice R Devdas, directed that, "The petitioner-Institution shall collect annual school fees from their students as fixed under the Act of 1995 for …

"Authorities Have No Compassion With Students' Future": MP High Court Stays Transfer Of The Only Teacher Of A School, Seeks State's Reply
3 years, 6 months ago

"Authorities Have No Compassion With Students' Future": MP High Court Stays Transfer Of The Only Teacher Of A School, Seeks State's Reply

Live Law  

The Madhya Pradesh High Court last week stayed the transfer of the one and only teacher of a school stating that the order had been passed without application of mind and contrary to the public policy. "It appears that the impugned order has been issued by the authorities without applying its mind, which draws a presumption that the government authorities …

Supreme Court Rejects Plea To Direct State Boards To Refund Exam Fee For Cancelled Class 10, 12 Exams
3 years, 7 months ago

Supreme Court Rejects Plea To Direct State Boards To Refund Exam Fee For Cancelled Class 10, 12 Exams

Live Law  

The Supreme Court has refused to direct state boards to refund the exam fee collected from students in respect of the Class 10, 12 exams which were cancelled on account of COVID-19.A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari rejected the prayer saying that the issue does not "merit consideration".The bench approved the stand taken by state boards about …

'Tender Minds Can't Be Treated With Iron Gloves As Offender Of War Crime', Karnataka HC Quashes CBSE Action Against Class-XII Student [Read Order]
4 years, 5 months ago

'Tender Minds Can't Be Treated With Iron Gloves As Offender Of War Crime', Karnataka HC Quashes CBSE Action Against Class-XII Student [Read Order]

Live Law  

The Karnataka High Court on Tuesday observed that "A tender student, even when the delinquency is established, cannot be treated as the offender of the war crime; it hardly needs to be mentioned that all this has entered the framing of this judgment." The Bench of Justice Krishna S. Dixit was hearing the plea of a Petitioner-student who challenging the …

Rajasthan HC Allows Student Who Was Given Two Scores In JEE Mains To Appear For JEE Advance; Result To Be Withheld [Read Order]
4 years, 5 months ago

Rajasthan HC Allows Student Who Was Given Two Scores In JEE Mains To Appear For JEE Advance; Result To Be Withheld [Read Order]

Live Law  

In a big relief to an Engineering aspirant who was precluded from appearing in the JEE Examination after her Mains result was allegedly fiddled, the Rajasthan High Court directed the National Testing Agency to allow her to take the examination, scheduled to be held this Sunday. The Bench of Justice Vijay Bishnoi further clarified that appearance in the examination shall …

[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 …

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]
5 years, 7 months ago

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]

Live Law  

Allowing various Writ Petitions filed against the State, the Rajasthan High Court granted relaxation to persons with disability to the tune of 20% marks in passing/qualifying marks in Rajasthan Eligibility Examination for Teachers. The Petitioners were aggrieved by the State of Rajasthan's policy that did not permit any relaxation to persons with disabilities in REET. The Respondent State submitted that …

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