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VINOD S. BHARDWAJ
Parveen Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vinod S. Bhardwaj, J. (Oral)
The issues that arise for consideration in the present batch of writ petition relate to the power of executive to relax the rules of appointment under extra-ordinary/exceptional circumstances and the scope of judicial review by the High Court.
2. Both these writ petitions are being decided by a common judgement as they challenge the appointment of private respondent-Guriqbal Singh son of Tej Parkash Singh as Deputy Superintendent of Police in Punjab Police. The first writ petition i.e. CWP-23267-2017 raises a challenge to the appointment on the grounds of the same having been made in violation of the Punjab Police Services Rules, 1959 notwithstanding that the private respondent had crossed the eligibility age and also for the reason that the appointment being a compassionate appointment is invalid and illegal considering the financial and social status of the family. The second writ petition i.e. CWP-14246-2018 raises a challenge to the appointment on the ground that the Degree of Bachelor of Commerce held by the private respondent is not recognized.
3. Facts In Brief - CWP-23267-2017 :-
3.1 The petitioner claims to be a member of Khalra Missi
Petitioner/Intervener with regard to violation of Rule 16(1) of Rules, 1958 and FR 56(d) and given a detailed finding that there is no violation of the said Rules, in view of the power of relaxation ....
The court upheld the state's relaxation of recruitment rules for employees lacking qualifications, asserting that such measures can mitigate undue hardship while respecting public service needs.
Point of Law : Since the appointment of the 7th respondent is made, creating a supernumerary post, there is no other option to the petitioner, than to approach this Court, by filing a writ petition s....
Recruitment - plea raised by the petitioners is fallacious - As mere acquiring of qualification at a relevant point of time cannot give rise to an expectation, much less, legitimate expectation of ap....
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