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JAISHREE THAKUR
Priya Swami – Appellant
Versus
Pt. B. D. Sharma University Of Health Sciences, Rohtak – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment and grievance. (Para 1 , 2) |
| 2. arguments regarding tenure and qualifications. (Para 3 , 4) |
| 3. definition and implications of tenure posts. (Para 6 , 7 , 9) |
| 4. permissibility of higher qualification requirements. (Para 10 , 11) |
| 5. writ petition dismissed. (Para 12) |
JUDGMENT
Jaishree Thakur, J.
The instant writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for quashing advertisement No.02/2012 (Annexure P-8), inviting applications to fill up 27 posts of Demonstrator on tenure basis, though the petitioner herein is already working on the same post, with a further prayer to issue a writ in the nature of mandamus directing the respondents to allow the petitioner herein to continue on the post of Demonstrator till the same is filled up on regular basis.
2. In brief, the facts as alleged are that the petitioner herein did her Bachelor of Dental Sciences from the respondent-University and applied for the post of a Demonstrator, for which she was called for a screening test on 19.07.2009. Thereafter, she was called for interview before the Selection Committee and was o
The government has inherent power to abolish posts without violating rights if no discrimination is shown; appointment rights depend on vacancies and must follow public selection procedures.
Article 14 is an integral part of our system, each and every State action is to be tested on touchstone of equality.
The main legal point established in the judgment is that employees appointed to tenure posts for a specified period cannot claim permanence or continuance of their tenure beyond the specified period,....
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
Employment and Service matter - Qualification and experience - Posts of Sericulture Demonstrator - Doctrine of estoppels - Principle of estoppel as applicable to Petitioners therein, it is seen that ....
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