Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, ACJ, MANEESH SHARMA
Narendra Singh Nathawat S/o Shri Mukund Singh Nathawat – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to rejection of appellant's claims for appointment. (Para 1 , 2 , 3) |
| 2. regulations regarding appointment and reservation. (Para 4 , 5 , 6 , 7) |
| 3. constitutional provisions on reservations for scheduled castes and scheduled tribes. (Para 8 , 9 , 10) |
| 4. clarification of appellant's status as in-service candidate. (Para 11 , 12) |
| 5. dismissal of appeal. (Para 13 , 14 , 15) |
ORDER :
1. Challenge is to the judgment dated 31.05.2024 passed by the learned Single Judge, whereby the learned Single Judge has rejected the submissions raised by the appellant and concluded that a candidate in-service would not be able to claim appointment against the TSP post as he does not possess the TSP area certificate.
2. Learned counsel for the appellant submits that the appellant working as Helper Grade-I (TSP Area) in the respondent-Ajmer Vidyut Vitaran Nigam Ltd. (for short, "AVVNL") at the time of issuance of advertisement, he applied for the post of Junior Engineer-I in AVVNL in pursuance of advertisement dated 22.02.2021 as an in-service candidate. However, despite being permanently absorbed in the TSP area in the Nigam, he was not considered for appointment to the Post of Junio
A permanent employee in a TSP area cannot claim TSP status or benefits without the appropriate certificate, adhering to the constitutional provisions and prevailing legal precedents.
Candidates from Scheduled Areas must be appointed and posted according to their selection for Scheduled Area vacancies, respecting their rights under the applicable rules.
The court emphasized that candidates have a legitimate expectation for postings in accordance with recruitment promises, reinforcing equal treatment and addressing arbitrary administrative actions un....
Assurances made by public authorities regarding employment must be honored, and failure to do so can lead to legal consequences.
The unit of appointment for ST reservation is the District and not a sub-classification of STs residing in scheduled and non-scheduled areas.
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
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
