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V. KAMESWAR RAO
Ram Autar – Appellant
Versus
Directorate Of Education – Respondent
JUDGMENT
V. Kameswar Rao, J. - The present petition has been filed by the petitioner with the following prayers:-
"In the facts and circumstances of the case and the submissions made herein, it is most respectfully prayed that this Hon'ble Court may be pleased to:
a. Issue a writ declaring that the circular dated 27.10.1993 bearing no. DE.15/Act/59/93/RR/14680- 14736 claimed by respondents 1 to 3 to be the 1993 Recruitment Rules for appointment of Lower Division Clerk in a private aided recognised school are not the appropriate recruitment rules as they were never approved and or notified and are thus, non-existent.
b. Issue a writ in the nature of Certiorari or any other appropriate writ quashing the impugned order dated 26.02.2020 passed by Respondent no. 2.
c. Issue a writ in the nature of mandamus or such other writ thereby holding the promotion of petitioner to the post of L.D.C. in accordance with Delhi Administration Subordinate Services Rules, 1967 as amended on 02.02.2010, as recommended by the Departmental Promotion Committee in its meeting dated 23.09.2011 (Annexure P-5), w.e.f. the date of promotion i.e. 24.09.2011, to be valid and consequently direct respondents to grant a
The Court established that the Rules of 1967, as amended in 2010, governed the recruitment to the post of LDC in government aided schools, and the Rules of 2009 were applicable to the petitioner's ca....
The absence of notification for 1993 recruitment rules renders them non-existent, requiring promotions in government aided schools to follow the amended 2009 rules.
The DPC's adoption of the office memorandum, dated 29.08.2019, without formal adoption by APEDA, and the recommendation of the respondent No. 4, who had not completed the requisite qualifying years, ....
Promotion criteria for educational roles must comply with statutory Recruitment Rules, which cannot be overridden by Executive Instructions or Circulars.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
The Rules of 1970 are inapplicable on the Governor Secretariat and the Government has, vide its letter dated 20.12.2012, conveyed to the Governor’s office to frame its own Rules to govern the service....
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