Judgments - Appointment

Law Laid Down: The UGC Regulations 2009 have not envisaged any situation for the candidates who were registered for Ph.D. Degree Programme prior to 11.07.2009. Such situation was addressed effectively only when a Notification was published on 11.07.2016 called as the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) (4th Amendment), Regulations, 2016. Such Regulations 2016 are not creating any new right Full Judgment

Tags Appointment Service Law / Matter , Provident Funds

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Amit Kumar Mishra Versus State of Madhya Pradesh & others

RP, 682 of 2018, Judgment Date: Aug 06, 2018

The scheme circulated by Madhya Pradesh State Employment Guarantee Council for appointment of Gram Rojgar Sahayak does not prescribe any condition that Gram Panchayat can add, modify or delete any of the conditions in the guidelines so framed and circulated. Though the Gram Panchayat is an independent juristic entity and third tier of governance but the funds are to be released by the State/M.P. Employment Guarantee Council. Therefore, the responsibility of the Gram Panchayat is to engage Gram Rojgar Sahayaks Full Judgment

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Supreme Court of India (Division Bench (DB)- Two Judge)

COMMON CAUSE (A Regd. Society) & ORS. VERSUS UNION OF INDIA & ORS.

Writ Petition (Civil), 505 of 2015, Judgment Date: Jul 02, 2018

Full Judgment

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Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Rashmi Boudh & others v. State of M.P. & others

WRIT PETITION, 12716 of 2018, Judgment Date: Jun 27, 2018

Law Laid Down - Madhya Pradesh Junior Administrative Service (Recruitments and Service Conditions of Service) Rules, 2011 (for short “the 2011 Rules”) contemplate that the candidates should have served at least for five years as Patwari in permanent or officiating capacity. In terms of the Scheme of appointment and the 2011 Rules, the petitioners were appointed to the service only after completion of training and on qualifying the written examination. Therefore, the period prior to their appointment to the service cannot Full Judgment

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Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Ramji Tiwari & others v. State of M.P. & others

WRIT PETITION, 12602 of 2018, Judgment Date: Jun 27, 2018

Law Laid Down - No age is contemplated in respect of limited competitive examination either in Rule 6 or Rule 13 of Madhya Pradesh Junior Administrative Service (Recruitments and Service Conditions of Service) Rules, 2011 (“in short “the Rules”). Therefore, the Schedule-V of the Rules prescribing the age limit for filling of the posts of Naib Tehsildar from amongst the Patwaris or Revenue Inspectors is without any corresponding support from the substantive provisions of the Rules. In view of the said fact, Full Judgment

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Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Dr. D.P. Singh & others Vs. State of Madhya Pradesh & Others

WRIT PETITION, 12713 of 2018, Judgment Date: Jun 22, 2018

Law Laid Down - Even if there is a mistake in the advertisement in respect of available posts for general category or for reserved category candidates, that will not confer any cause of action upon the petitioners to dispute the selection process as the candidates have to be appointed in respect of posts available but generally not exceeding the posts advertised. The State would be well advised to calculate the backlog vacancies and to fill the seats keeping in view the advertisement Full Judgment

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Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Dr. Avinash Mishra & others Vs. State of Madhya Pradesh & Others

WRIT PETITION, 12747 of 2018, Judgment Date: Jun 22, 2018

Law Laid Down - The State has a right to assess the suitability of a candidate for appointment with or without interview. The State having exercised the jurisdiction in terms of Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (for short “the 1990 Rules”), it cannot be said that power of relaxation to do away with the interview is illegal. In exercise of power of judicial review, this Court examines the jurisdiction to relax the Rules. Since there is explicit power Full Judgment

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Supreme Court of India (Division Bench (DB)- Two Judge)

U.P.P.S.C., Through its Chairman & Anr. Versus Rahul Singh & Anr.

Appeal (Civil), 5838 of 2018, Judgment Date: Jun 14, 2018

Full Judgment

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