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2002 Supreme(Raj) 880

K.K.ACHARYA
Bhawani Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Sagar Mal Mehta, Advocate General, assisted by Sandeep Bhandawat, R.L. Jangid, Addl. Advocate General. M Mridul. Sr. Advocate assisted by R.S. Saluja, G.K. Vyas and P.R. Mehta, for the Appellant
R.P. Dave, Kusum Rao and S.R. Sharma, for the Respondents

Judgment

Rajesh Balia, J.-The common issue raised in all these cases is the constitutional validity of the Rajasthan Regulation of Appointments to Public Services Rationalisation of Staff Act, 1999 (hereinafter called Act of 1999). Various provisions of the Act more particularly Sections 2(v), 9, 11 and 19 of the Act are being assailed as ultra vires. Consequent relief has been asked in each petition, as we shall notice later on, to quash the directions issued and order passed in pursuance there of under the provisions of Act of 1999. Brief View of Impugned Provisions

2. As per its preamble, the Rajasthan State Legislature enacted the Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999 (hereinafter called, ‘the Act of 1999’) to regulate appointments in the public service and prohibit irregular appointments in offices and establishments under the control of the State Government, local authorities, public corporations and Universities etc.

3. In brief , the scheme of the Act is that all services in any office established under the State Government, local authorities, a Govt. company or undertaking wholly owned or controlled by the State Go















































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