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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, TARLOK SINGH CHAUHAN
Amber Kachchap, son of Late Beny Kachchap – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment and claims process. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. analysis of statutory appointment procedures. (Para 9 , 10 , 11 , 12 , 13 , 14 , 20) |
| 3. negative equality under article 14. (Para 19 , 21 , 22) |
| 4. conclusion dismissing the appeal. (Para 23) |
JUDGMENT :
Tarlok Singh Chauhan, C.J.
1. Aggrieved by the judgment passed by the learned Writ Court, the writ petitioner/appellant has filed the instant Letters Patent Appeal.
2. The parties shall be referred to as they were before the learned Writ Court.
3. The writ petitioner had filed the writ petition for the grant of following substantial reliefs:-
“…. for issuance of an appropriate Writ(s)/Order(s)/direction(s) commanding upon the Respondents to pay his due salary, amount of D.A. admissible from time to time with penal interest since 06.07.2013 to till today as he has worked as an Assistant Professor of Geology during the above period in St. Columba’s College, Hazaribagh against sanctioned post of the college with other similar Assistant Professors with all consequential benefits.
Further prayer is to direct the Vice Chancellor of Vinoba Bhave University, Hazaribagh to approve the appointment of petition
The court affirmed that statutory compliance is essential for appointments in educational institutions, and the doctrine of negative equality cannot be invoked to claim rights based on prior incorrec....
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
The discretionary nature of the powers of the High Court under Article 226, absence of a fixed period for considering delay, and the principle of equality enshrined in the constitution were central l....
It is in interest of University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to disputes in Uni....
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