Back
VAIBHAVI D. NANAVATI
Shree Vanvasi Utkarsh Mandal Through Chairman/Secretary – Appellant
Versus
State of Gujarat Through Secretary – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Mr. Dipen Desai, learned advocate appearing for the petitioner and Ms. Nidhi Vyas, learned Assistant Government Pleader appearing for the respondent – State.
2. Brief facts leading to the filing of the present petition are as follows:
2.1. The petitioner herein is a charitable Trust registered under the provision of the Bombay Public Trust Act and is running Post Basic Secondary Ashramshala at Gorad, in Data Taluka of Banaskantha District.
2.2. As per the scheme framed by the respondent – State, an Ashramshala is formed for the purpose of educating students of primary and secondary level in the rural and tribal areas. The students studying in the said Ashramshala and also the staff of the said Ashramshala are required to stay their 24 hours a day. The petitioner herein had satisfied the requirement of the said scheme. As per the said scheme of the State Government, Ashramshala must possess at least 5 acres of land on which the vegetables, etc., i.e. to be consumed by the students and their staff for their food, and the said food is to be grown at the said land of Ashramshala. For the aforesaid, for growing the said vegetables, a post of Garde
The court established that compliance with procedural requirements in public appointments is essential, and subsequent policy changes cannot retroactively invalidate prior valid appointments.
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
If a selected candidate joins and resigns within a period of currency of waiting list, a wait listed candidate would have a right to claim appointment and this very proposition also appears to have b....
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
Employees in similar conditions cannot be treated differently; the arbitrary rejection of regularization applications violates the principle of equality.
The central legal point established in the judgment is the requirement to consider the relevant rules and policies at the time of the employee's demise and the applicant's first application for compa....
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
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
