Back
J. K. MAHESHWARI, RAJESH BINDAL
Partha Das – Appellant
Versus
State Of Tripura – Respondent
| Table of Content |
|---|
| 1. definition and framework of the tsr act (Para 2 , 3) |
| 2. recruitment timelines and procedure for enrolled followers (Para 6) |
| 3. introduction of nrp impacts existing recruitment (Para 8 , 10) |
| 4. high court’s findings on policy decisions and statutory rules (Para 11 , 12) |
| 5. appellants’ arguments against the cancellation of recruitment (Para 14 , 15 , 16) |
| 6. state’s counterarguments on the cancellation of recruitment (Para 17 , 19) |
| 7. issues concerning the legality of executive orders (Para 20 , 21) |
| 8. limits of executive powers concerning statutory rules (Para 35 , 36) |
| 9. final ruling recognizing appellants’ legitimate expectations (Para 60 , 61) |
JUDGMENT :
Questioning the validity of the judgment dated 03.10.2019 of the Division Bench of the High Court of Tripura commonly passed in a batch of writ petitions, two set of Civil Appeal Nos. 4426-4466 of 2023 and 4473-4479 of 2023 have been filed. The issue involved in these appeals relates to cancellation of the ongoing recruitment process of ‘Enrolled Followers’ midway on the pretext of a policy decision of the State Government.
2.1 Section 3(s) defines ‘the Rifles’ as Tripura State Rifles. Section 3(g) defines ‘Enrolled Follow
Eligibility criteria for recruitment cannot be altered after the process has commenced, ensuring fairness and adherence to constitutional principles.
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
A candidate's legitimate expectation for appointment should be honored based on the rules in effect during the recruitment process, despite later amendments altering eligibility criteria.
Recruitment processes must adhere to rules in effect at initiation; any changes during the process violate natural justice and fairness principles.
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
