Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
1 year, 11 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 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 appeal, The Apex Court, noted that, in Raj Kumar Vs. Director of Education and Ors., 6 SCC 541, while considering pari materia provisions of the Delhi School Education Act, it was held that before termination of an employee, prior approval of the Director of Education is mandatory and required. Headnotes Rajasthan Non-Governmental Educational Institutions Act; Section 18 - Even in case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to Section 18 - In Section 18, there is no distinction between the termination, removal, or reduction in rank after the disciplinary proceedings/enquiry or even without disciplinary proceedings/enquiry - Referred to Raj Kumar Vs. Director of Education and Ors., 6 SCC 541.

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History of this topic

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 days, 21 hours ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

Govt Teacher Burning Education Minister's Effigy Is Guilty Of Official Misconduct, Cannot Be Tolerated Under Freedom Of Expression: Rajasthan HC
5 days, 20 hours 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 …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Jharkhand HC Issues Contempt Notices To Two Senior Officials Of State Education Department For Violating Court Orders, Withholds Salaries
2 weeks, 5 days 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 weeks, 3 days 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 …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
1 month 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
1 month 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 Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC
1 month, 2 weeks ago

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Live Law  

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. The bench of Justice Arun Monga relied upon an earlier case to affirm that even though leave could not be sought as a matter of right, but where …

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC
1 month, 2 weeks ago

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Live Law  

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. The bench of Justice Arun Monga relied upon an earlier case to affirm that even though leave could not be sought as a matter of right, but where …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
1 month, 2 weeks ago

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service. On the contrary, the counsel for …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
1 month, 2 weeks ago

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service. On the contrary, the counsel for …

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

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

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
3 months, 1 week ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law  

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
4 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, …

Bengal School Recruitment Scam Case: Calcutta High Court To Deliver Verdict On Monday
8 months ago

Bengal School Recruitment Scam Case: Calcutta High Court To Deliver Verdict On Monday

ABP News  

Kolkata, Apr 20 The Calcutta High Court will on Monday pronounce its judgement on petitions and appeals relating to alleged irregularities in the selection of candidates in West Bengal government- The CBI, which investigated the case on an order of the high court, arrested former state education minister Partha Chatterjee and some functionaries who held positions in the West Bengal …

Uttar Pradesh Madarsa Education Act | Striking down law on madrasas is misconceived: Supreme Court
8 months, 2 weeks ago

Uttar Pradesh Madarsa Education Act | Striking down law on madrasas is misconceived: Supreme Court

The Hindu  

The Supreme Court on April 5 stayed the operation of an Allahabad High Court judgment which struck down a 20-year-old Uttar Pradesh law regulating madrasas and ordered the transfer of their students to regular schools. Chandrachud decided to freeze the implementation of the High Court judgment of March 22 in an interim order even as the Uttar Pradesh government said …

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention
8 months, 3 weeks ago

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention

Live Law  

Recently, Rajasthan High Court has criticized the state government for its lukewarm approach in conducting litigation despite repeatedly drawing the attention of the Chief Secretary and Principal Secretary to the pressing issue of lack of representation. The single-judge bench of Justice Ganesh Ram Meena made the adverse remarks when the State sought additional time for filing a reply to the …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
10 months ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Civil Services Appellate Tribunal Cannot Entertain Appeal Arising Out Of Service Matter Of Contractual Employee Of Rajasthan Financial Corp: High Court
10 months, 3 weeks ago

Civil Services Appellate Tribunal Cannot Entertain Appeal Arising Out Of Service Matter Of Contractual Employee Of Rajasthan Financial Corp: High Court

Live Law  

A division bench of the Rajasthan High Court at Jaipur has set aside an order passed by a single judge bench which dismissed the writ petition filed by a contractual employee of the Rajasthan Financial Corporation challenging his transfer order upon observing that he has an alternative remedy to challenge the impugned transfer order before the Rajasthan Civil Services Appellate …

Madras High Court Service Law Digest 2023
11 months ago

Madras High Court Service Law Digest 2023

Live Law  

Madras High Court Restraints TANGEDCO Employees From Going On Strike, Says Essential Services Will Be Affected Case Title: A Saravanan v. The State of Tamil Nadu and others Citation: 2023 LiveLaw 11 The Madras High Court has temporarily restrained the employees of the Tamil Nadu Generation and Distribution Corporation Limited from going on a strike on January 10 or on …

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry
1 year, 1 month ago

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry

Live Law  

The Rajasthan High Court has set aside the dismissal order of a deceased Head Constable who was allegedly caught on an audio clip demanding bribe for release of a vehicle carrying liquor. The single judge bench of Justice Anoop Kumar Dhand noted that the dismissal order was passed without holding enquiry or following the procedure contained under the Rajasthan Civil …

Delhi High Court Directs Reinstatement Of Private School Teachers, Says Approval From DoE Necessary For Accepting Alleged Resignations
1 year, 1 month ago

Delhi High Court Directs Reinstatement Of Private School Teachers, Says Approval From DoE Necessary For Accepting Alleged Resignations

Live Law  

In a relief to teachers of Rao Manohar Singh Memorial Sr. Secondary School, a Division Bench of the Delhi High Court comprising the Chief Justice and Justice Sanjeev Narula today upheld the order of a Single Bench and directed reinstatement in service of the respondent-teachers. Aggrieved, the appellant had petitioned before a Single Judge of the Delhi High Court, averring …

Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff
1 year, 1 month ago

Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff

Live Law  

Recently, the Supreme Court asked the National Law University, Jodhpur, to submit a progress report regarding the regularisation of its faculty within two months. Previously, the Court noted that the University has no Vice Chancellor, and that Registrar is also a contractual staff while also expressing serious concerns at the University operating only with contractual teachers. Therein the High Court, …

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case
1 year, 4 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 …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 5 months ago

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave

Live Law  

The Rajasthan High Court at Jaipur on Wednesday set aside the dismissal order of a BSF Constable who was terminated from the service in 2004 on account of over stay of casual leave. While directing the Union Government to reinstate the said constable, the single judge bench comprising Justice Anoop Kumar Dhand observed: “The impugned order dated 08.03.2004 has been …

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State
1 year, 5 months ago

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State

Live Law  

The Rajasthan High Court has directed the State to file an affidavit disclosing the details with regard to the curriculum and the mode of selection and appointment of staff in the Madrasas. The bench of Chief Justice Augustine George Masih and Justice Vinit Kumar Mathur said, “Let an Affidavit be filed by the State, specifically giving therein the details of …

Supreme Court Weekly Round-Up: July 10 To 16 July 2023
1 year, 5 months ago

Supreme Court Weekly Round-Up: July 10 To 16 July 2023

Live Law  

Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's Office Case title: Pratibha Manchanda And Anr. Supreme Court Issues Notice To CBI, ED On Manish Sisodia's Bail Pleas In Delhi Liquor Policy Scam Case Case title: Manish Sisodia v. Central Bureau of Investigation Citation: Special Leave Petition No. Supreme Court …

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court
1 year, 6 months ago

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that in cases where parties have agreed to allow the custody of the child with one of the parents, it should remain with that party alone, unless it is demonstrated that the same is no longer in the child’s welfare. The bench of Justices Vinod Kumar Bharwani and Manindra Mohan Shrivastava said: “In cases …

Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations
1 year, 8 months ago

Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations

Live Law  

Coming to the aid of a student pursuing B.Sc course, the Karnataka High Court has stayed for two weeks the execution and operation of the externment order passed by the Assistant Commissioner, against him, to enable him to appear for examinations. A single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad bench disposed of the petition filed by …

After Rajasthan Govt’s Internet Shutdown To Prevent Cheating In Public Exam, Plea In Supreme Court Seeks Enforcement Of Shutdown Guidelines
1 year, 9 months ago

After Rajasthan Govt’s Internet Shutdown To Prevent Cheating In Public Exam, Plea In Supreme Court Seeks Enforcement Of Shutdown Guidelines

Live Law  

After mobile internet services were suspended in 11 districts in Rajasthan to prevent cheating in a competitive examination to recruit government schoolteachers, a petition has been filed in the Supreme Court seeking the implementation of the Anuradha Bhasin guidelines for internet shutdowns.The petitioner Chhaya Rani, an advocate practising in the Rajasthan High Court, said that as a. After mobile internet …

Rajasthan High Court Quashes Dr Dev Swaroop's Appointment As Vice-Chancellor Of Dr Bhim Rao Ambedkar Law University
1 year, 9 months ago

Rajasthan High Court Quashes Dr Dev Swaroop's Appointment As Vice-Chancellor Of Dr Bhim Rao Ambedkar Law University

Live Law  

The Rajasthan High Court on Friday set aside the appointment of Dr Dev Swaroop as Vice-Chancellor of Dr. Bhimrao Ambedkar Law University, Jaipur on the ground that he has no background of academic qualifications and work experience in the field of legal education. If a Health Science University is to be manned, the Vice-Chancellor of that University has to be …

Supreme Court Annual Digest 2022- Service Law
1 year, 10 months ago

Supreme Court Annual Digest 2022- Service Law

Live Law  

Acquittal in Criminal Case Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond …

Supreme Court Yearly Digest 2022- Judiciary
1 year, 11 months ago

Supreme Court Yearly Digest 2022- Judiciary

Live Law  

Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to …

'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship Scheme
1 year, 11 months ago

'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship Scheme

Live Law  

The Jammu & Kashmir and Ladakh High Court has dismissed a Jaipur-based University's plea for reimbursement of the expenses incurred by it with regard to tuition fee, hostel fee and cost of books after admitting the students from Jammu & Kashmir under the Prime Minister's Special Scholarship Scheme for J&K Students.Justice M A Chowdhary said merely because the students are. …

[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools
2 years ago

[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools

Live Law  

Punjab and Haryana High Court, while dealing with a case where the petitioner questioned deletion of Rule 134A of the Haryana School Education Rules, 2003 on the ground that it was not laid before the House of the State Legislature for prior approval which is a requirement under Section 24 of the Haryana School Education Act, 1995, upheld the State …

Cal HC Adjourns Hearing of School Edu Secy as SC Grants Stay in Recruitment Case
2 years ago

Cal HC Adjourns Hearing of School Edu Secy as SC Grants Stay in Recruitment Case

News 18  

The Calcutta High Court on Friday adjourned hearing of the West Bengal School Education secretary, who was directed to appear before it to answer queries on matters related to recruitment in educational institutes after being informed by the state’s lawyer that the Supreme Court has granted a stay. A division bench on Thursday dismissed appeals by the state government and …

Rajasthan High Court Upholds Order Imposing ₹10 Lakh Cost On Medical Institute For "Bench Hunting"
2 years, 4 months ago

Rajasthan High Court Upholds Order Imposing ₹10 Lakh Cost On Medical Institute For "Bench Hunting"

Live Law  

The Principal Bench of Rajasthan High Court at Jodhpur has upheld the single judge bench order, whereby a cost of Rs. 10 lakh was imposed on a medical institution for forum shopping.After the petition filed by Dhanwantri Institute of Medical Science was dismissed as withdrawn from the Jaipur bench of the High Court in April, the institute had approached its …

Rajasthan High Court Monthly Digest: July 2022
2 years, 4 months ago

Rajasthan High Court Monthly Digest: July 2022

Live Law  

Nominal Index Sumit Singhal v. State, Through Advocate General, Govt. Rajasthan High Court Grants Bail To Person Accused Of GST Evasion Case Title: Kamal Chand Bothra Versus Union Of India Citation: 2022 LiveLaw 205 Case No. GST Circular Contra To GST Act, Can't Deny The Claim For ITC refund; Rajasthan High Court Case Title: Baker Hughes Asia Pacific Limited Vs …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 4 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing
2 years, 5 months ago

'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing

Live Law  

The Supreme Court, on Tuesday, refused to entertain pleas seeking the Court's indulgence in issuing directions to Rajasthan, Bihar and Madhya Pradesh High Courts to conduct their respective Judicial examinations in such a manner, that they do not coincide. One of the pleas sought quashing of notification issued by the Madhya Pradesh High Court scheduling the Online Preliminary Examination of …

Court Can't Dictate Exam Dates: Rajasthan High Court Refuses To Interfere With Lab Assistant Exam Schedule
2 years, 5 months ago

Court Can't Dictate Exam Dates: Rajasthan High Court Refuses To Interfere With Lab Assistant Exam Schedule

Live Law  

The vacation bench of Rajasthan High Court observed that the High Court cannot direct the authorities as to when and on which date a particular examination is to be conducted. Essentially, the petitioners alleged that the date of examination for the recruitment to the post of Lab Assistant which is going to be conducted on 28.06.2002 and 29.06.2022 is clashing …

Medical Assessment & Rating Board Has Jurisdiction To Stop Admissions But Lacks Authority To Order Its Cancellation: Rajasthan HC Opines Prima Facie
2 years, 6 months ago

Medical Assessment & Rating Board Has Jurisdiction To Stop Admissions But Lacks Authority To Order Its Cancellation: Rajasthan HC Opines Prima Facie

Live Law  

The Rajasthan High Court, Jodhpur has observed that Medical Assessment & Rating Board has jurisdiction to issue directions for stoppage of admissions but prima facie, it lacks the authority to issue cancellation of admission. So far as the cancellation of admissions already made is concerned, this Court vide order dated 28.04.2022 has already protected those admissions as Section 26 of …

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC
2 years, 7 months ago

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has recently held that under Article 235 of the Constitution of India, which provides control to the High Courts over subordinate courts, the former cannot terminate the services of a District Judge or impose any punishment of reduction in rank.This power belongs to the Governor being the appointing authority under Article 311 of the Constitution. It …

Prior Approval Of Education Director Not Necessary For Disciplinary Action Against Employee Of Unaided Recognized Educational Institution: Rajasthan HC
2 years, 7 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 …

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case
2 years, 8 months ago

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case

Live Law  

The division bench of Rajasthan High Court, Jodhpur has asked the Public Prosecutor to file reply within two weeks in Asaram's third application for suspension of sentences in minor rape case. Justice Sandeep Mehta and Justice Vinit Kumar Mathur, ordered,"Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences. Justice …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
2 years, 9 months ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

'Sentiments Can't Govern Judicial Discretion': Rajasthan HC Dismisses Plea Opposing Closure Of Century Old Railway School Running In Losses
2 years, 10 months ago

'Sentiments Can't Govern Judicial Discretion': Rajasthan HC Dismisses Plea Opposing Closure Of Century Old Railway School Running In Losses

Live Law  

The Rajasthan High Court has dismissed a public interest litigation opposing the decision of the railway authorities to close down the railway senior secondary school at Abu Road, which was operating since the year 1862. Noting that the school has been running in losses due to dwindling number of students, the division bench of Chief Justice Akil Kuresh and Justice …

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