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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Shashikala Kosam, W/o. Ashish Kumar Kosam – Appellant
Versus
State Of Chhattisgarh, Through- Secretary, Health And Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. challenge to notification based on recruitment rules. (Para 4 , 5 , 6) |
| 2. argument against relaxation of recruitment rules. (Para 7 , 8 , 9 , 10 , 19) |
| 3. overview of the core legal issues. (Para 11 , 12 , 13) |
| 4. supreme court emphasizes statutory compliance in recruitment. (Para 21 , 22 , 23 , 24) |
| 5. writ petitions allowed, notification quashed. (Para 25) |
order :
Ramesh Sinha, CJ.
1. Heard Mr.Manoj Paranjape, learned Senior Advocate assisted by Mr.Shubhank Tiwari, learned counsel for the petitioners in WPS Nos.93/2022 & 114/2022, Mr.Vikas Dubey, learned counsel for the petitioners in WPS Nos.232/2022 and 436/2022, Mr.Himanshu Pandey, learned counsel for the petitioners in WPS No.1342/2022, Mr.Ghanshyam Kashyap, learned counsel for the petitioners in WPS No.7799/2022, Mr.Sanghrash Pandey, learned Government Advocate appearing for the respondent-State, Dr.Sudeep Agrawal & Mr.Anand Mohan Tiwari, learned counsel appearing for the respondent-CGPSC, Ms.Anmol Sharma & Mr.Rishabh Dev Singh, learned Central Government Counsel of the respondent-Union of India and Mr.Venketesh Pandey, learned counsel appearing for the respondent-National Medical Commission.
2. Since common question
The power of relaxation in recruitment rules cannot override substantive mandates for promotion, ensuring adherence to constitutional rights to equality and fair promotion processes.
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
Recruitment - plea raised by the petitioners is fallacious - As mere acquiring of qualification at a relevant point of time cannot give rise to an expectation, much less, legitimate expectation of ap....
The power of relaxation of recruitment rules can be invoked to meet a particular hardship even in an individual case, provided it is exercised for justifiable reasons and not arbitrarily, and the cou....
Point of law: Required exercise in terms of this order shall be carried out and completed as expeditiously as possible, preferably within a period of 3 (three) months from the date of furnishing a ce....
The court ruled that administrative cancellations of provisional admissions in medical education must adhere to constitutional principles, and no vested rights arise from provisional allotments under....
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