IRSHAD ALI
Shikha Abrol – Appellant
Versus
State Of U. P. Thr. Prin. Secy. Sainik Kalyan Lko. – Respondent
JUDGMENT :
1. Heard Dr. L.P. Mishra, learned Senior Counsel assisted by Sri Naveen Shukla, learned counsel for the petitioner, learned ACSC for respondent No.1 and Sri Pradeep Tiwari, learned counsel for respondent No.2.
2. The present writ petition has been filed challenging the order dated 22.06.2002 passed by respondent No.2 contained as Annexure-1 to the writ petition with further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to continue in service in the establishment of respondents as Stenographer with all service benefits notwithstanding the impugned order dated 22.06.2002.
3. Factual matrix of the case is that a communication was made to the District Employment Exchange, Lucknow for making the names of eligible candidates on the post of Stenographer in the establishment of Directorate of Sainik Kalyan Evam Punerwas, U.P., Lucknow and the candidature was sought from district level offices i.e. Zila Sainik Kalyan Evam Punerwas Offices.
4. The selection was held and 12 candidates including the petitioner appeared and on the basis of written examination, short-hand, typing test and interview, the petitioner w
Delhi Development Authority v. Joginder S. Monga
Heera Lal v. State of U.P. & ors. 2010 (6) ADJ 1 (F.B.):2011 (29) LCD 1
Laxminarayan R. Bhattad and Ors. v. State of Maharashtra and Anr.
National Fertilizers Ltd. and others Vs. Somvir Singh; (2006) 5 SCC 493
Rajinder Singh Chauhan and others Vs. State of Haryana & others; (2005) 13 SCC 179.
High Court of M.P. through Registrar and Ors. v. Satya Narayan Jhavar (2001 (7) SCC 161
John Vallamattom and Anr. v. Union of India and Ors.
R.S. Garg v. State of U.P. and others
M/s. Bisamber Dayal Chandra Mohan v. State of U.P. and Ors.
R.B. Dixit Vs. Union of India and others; (2005) 1 UPLBEC 83.
Vijay Singh and others Vs. State of U.P. and others; (2004) 3 UPLBEC 2778.
Union of India v. Rakesh Kumar
Swapan Kumar Pal and Ors. v. Samitabhar Chakroborty and Ors.
Union of India v. Naveen Jindal
State of Kerala v. Chandra Mohan
Union Public Service Commission v. Girish Jayanti Lal Vaghela & others [2006 (2) SCALE 115]
The continuous advertisement of a reserved post for a specified period without a response from reserved category candidates entitles the appointed candidate to de-reservation and service benefits as ....
The management of private schools must adhere to the mandatory provisions of the M.E.P.S. Act and Rules, including obtaining prior permission from the Education Officer before recruitment, to ensure ....
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
The main legal point established in the judgment is the importance of specific pleading and proof in claiming appointment against a reserved vacancy, and the legal implications of temporary appointme....
The court established that eligibility criteria for public employment must be strictly adhered to, and any appointment made contrary to these criteria is illegal. Equity cannot be invoked to override....
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
The court emphasized the necessity of adhering to statutory reservation provisions in employment, rejecting claims of isolated post applicability.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.