Kerala HC Issues Notice to Digi Yatra Foundation in PIL Seeking Strict Compliance with DPDP Act 2023 for Airport Passenger Data: High Court of Kerala
07 Mar 2026
Appointment to Higher Post on Compassionate Grounds Not a Matter of Right: J&K&L High Court
07 Mar 2026
Nearly Decade-Long Delay in Patnitop Illegal Construction PIL Appalls J&K&L High Court; Directs PDA CEO to Join Proceedings
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Employees Under CCS Pension Rules Excluded from PG Act Section 2(e) Gratuity: Delhi HC Upholds Forfeiture on Resignation
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
CJI Kant: Action Needed for More Women Judges
10 Mar 2026
Back
Next 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
High Court Of Gujarat – Appellant
Versus
State Of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
A.S. SUPEHIA, J.
1. The present letters patent appeal is directed against the order dated 27.12.2019 passed in the captioned writ petition being special civil application no.3524 of 2019 filed by the respondent No.2 – original petitioner seeking directions to promote her to the post of registrar, industrial court.
BRIEF FACTS :
2. The brief facts leading to the filing of the present Letters Patent Appeal are as under:
2.1. The respondent No.2 – original petitioner was serving as a Superintendent with effect from 01.09.2012 and thereafter, she was transferred from the Industrial Court, Ahmedabad to Industrial Court, Surat on 07.06.2016.
2.2. On 01.12.2017, the post of Registrar, Industrial Court, Ahmedabad fell vacant.
2.3. In view of the vacancy, the appellant No.2 – President, Industrial Court, Ahmedabad, forward
Vacancies arising under older rules are not necessarily filled by those rules when new recruitment rules have been promulgated, barring vested rights.
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
The main legal point established in the judgment is the importance of considering the rules and directions applicable at the time of the availability of the vacancy, and the entitlement of the petiti....
The Board of Governors of IIT Kanpur has the authority to establish recruitment rules and qualifications, and courts should not interfere in policy matters unless there is a clear legal error.
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.
(2....
Seniority among direct recruits is determined by the date of continuous regular appointment, with delays due to medical issues not affecting this determination.
Appointments made in violation of statutory rules are in violation of Article 14 and 16 of the Constitution of India and are in nullity.
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
Listen Article