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K. VINOD CHANDRAN, HARISH KUMAR
Renu Sinha, W/o Late Niranjan Singh – Appellant
Versus
State of Bihar, through the Principal Secretary, Social Welfare Department – Respondent
JUDGMENT :
(Harish Kumar, J.) :
Heard Mr. Suraj Narain Yadav, learned Advocate representing the appellant and Mr. Abhay Shankar Singh, learned Advocate for respondent no.8. The State is represented by Mr. Gyan Prakash Ojha, learned GA-7.
2. The challenge in the present Letters Patent Appeal is to an order/judgment of this Court dated 27.09.2022 passed by the learned Single Judge in C.W.J.C. No. 13210 of 2014 whereby the learned Court has been pleased to allow the writ petition and strike down Clause 4.9 of the amended Guidelines dated 19.12.2013. The learned Court further set aside the appointment of the writ petitioner-appellant herein, who was holding the post of Angabari Sevika and directed to issue order of appointment in favour of private respondent no.8 herein.
3. Learned Counsel for the appellant, assailing the impugned order/judgment, inter alia, submitted that the learned Single Judge has committed serious error of law in striking down the amended provision of Clause 4.9 of the Guidelines issued for selection of Anganbari Sevika/Sahaika, as the writ petition was filed by ignoring the provisions prescribed in Rule 10 of 2011 Guidelines, which prescribed that any complaint aga
The court established that arbitrary restrictions in public employment selection processes that violate the principles of equality and merit are unconstitutional.
Appointment as Anganwadi Sevika – No distinction can be drawn between a married daughter and unmarried daughter for the purpose of considering eligibility as per guidelines – When criteria is notifie....
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
The main legal point established in the judgment is that the Government Resolution dated 13.12.2005 did not discriminate, and the procedure for promotion was undertaken by two separate establishments....
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