ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Mohit Kumr Dwivedi – Appellant
Versus
Ram Janak Maurya – Respondent
JUDGMENT :
PRELUDE
(1) Heard extensively at length Sri Anil Tewari, learned Senior Advocate assisted by Sri Apoorva Tiwari, learned Counsel for the appellant in Special Appeal No. 613 of 2018, Dr. L. P. Mishra assisted by Sri Onkar Singh and Sri Man Bahadur Singh, learned Counsel for the appellants in Special Appeals Nos.609 of 2018 and 617 of 2018, Sri Himanshu Raghave, learned counsel for the appellants in Special Appeal No. 634 of 2018, 670 of 2018, 193 of 2020 as also in Special Appeal Defective Nos. 276 of 2021, 13 of 2022, 267 of 2022 387 of 2023 and 413 of 2023, Sri Vinay Prakash Tiwari, learned Counsel for the appellants in Special appeal No. 92 of 2020, Sri Dilip Mishra, learned counsel for the appellants in Special Appeal Defective No. 207 of 2020, Ms. Shreya Chaudhary, learned counsel for the appellants in Special Appeal Defective No. 65 of 2023, Sri Priyam Mishra, learned counsel for the appellants in Special Appeal Defective No. 68 of 2023, Sri Upendra Nath Mishra, learned Senior Advocate assisted by Sri Neel Kamal Mishra, learned counsel for the appellants in Specia
Dhananjay Malik v. State of Uttaranchal and others [(2008) 4 SCC 171]
Girjesh Srivastava v. State of M.P. [(2010) SCC (10) 707]
M. Karunanidhi v. Union of India and another [(1979) 3 SCC 431]
Malik Mazhar Sultan and another v. U.P. Public Service Commission and others [(2006) 9 SCC 507]
Ranjan Kumar v. Stat of Bihar [(2014) 16 SCC 187]
Raj Kumar and others v. Shakti Raj and others [(1997) 9 SCC 527]
Shiv Kumar Sharma Vs. State of U.P. & Ors. (2013 (6) ADJ 310 (FB)
State of Haryana and another v. Chanan Mal and others [(1977) 1 SCC 340]
Union of India and others v. Rajesh P.U.
Ambika Prasad Mishra v. State of U.P. and others [(1980) 3 SCC 719]
Ashish Kumar v. State of Uttar Pradesh and others [(2018) 3 SCC 55]
D.N. Jeevaraj v. Chief Secretary
Dr. (Major) Meeta Sahai v. State of Bihar and others [(2019) 20 SCC 17]
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
Point of Law : Executive action to escape wrath of Art. 14 has to be fair, reasonable, non-discriminatory, transparent, non-capricious, unbiased, without favouritism, in pursuit of appointment and eq....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
The main legal point established in the judgment is that candidates who have secured more marks than the last selected candidates are entitled to be considered for counseling and appointment, especia....
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