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DELHI HIGH COURT
V.KAMESWAR RAO
Ram Autar – Appellant
Versus
Directorate of Education – Respondent
| Table of Content |
|---|
| 1. petitioner's prayers for writs and orders. (Para 1) |
| 2. challenge to the dy. director's order. (Para 2 , 3) |
| 3. petitioner's previous legal actions. (Para 4 , 5) |
| 4. claim based on amended recruitment rules. (Para 6 , 7) |
| 5. applicability of recruitment rules. (Para 8) |
| 6. petitioner's argument against non-existent rules. (Para 9 , 10 , 11) |
| 7. respondents' inability to present evidence. (Para 12) |
| 8. court's consideration of rules applicability. (Para 13 , 14) |
| 9. court's directive and conclusion. (Para 15) |
JUDGMENT
V. Kameswar Rao, J. (ORAL)--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 othe
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 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 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.
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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