AI Overview...
- Ban on Recruitment - Several cases highlight that a government or departmental ban on recruitment generally restricts appointments unless explicitly exempted. For example, in Sanjay Shankar Gilbile VS State of Maharashtra - Bombay, the court held that the ban did not apply to appointments made prior to or outside the scope of the ban, especially when approvals were refused solely on the basis of the ban. Similarly, in Tejaswini Netaji Yadav VS State of Maharashtra - Bombay, the court permitted appointment approval in certain categories despite the ban, citing exemptions.
- Exemptions and Relaxations - Courts have recognized exemptions where the appointment pertains to special categories or backlog clearance. In Pallavi Shashikant Dhotre VS State of Maharashtra, Through the Secretary - Bombay, appointments for reserved categories were allowed despite the ban, as provisions like the MEPS Act and government resolutions provided relaxations. Likewise, Sunil S/o. Rajendra Fawade VS State of Maharashtra - Bombay discusses relaxation for backlog clearance of reserved categories during a recruitment ban.
- Impact on Appointments and Validity - Recruitment bans can lead to cancellations or delays in appointments, as seen in P. Babu VS The District Educational Officer - Madras and Mohd. Moveen
VS State of U. P. - Allahabad, where appointments were canceled or delayed due to the ban, but subsequent relaxations or lifting of bans restored the process. In R. Prasad and Anr. VS The Executive Director, APSRTC, Cuddapah Zone - Andhra Pradesh, the validity of a selection panel was extended during a ban, but vacancies remained unfilled. - Judicial Review and Policy Decisions - Courts have reviewed the legality of recruitment bans and related policies. In Ruppu Gannemma VS Vice Chairman and Managing Director, APSRTC - Andhra Pradesh, the ban on recruitment for specific posts was upheld, with the court emphasizing that bans are policy decisions not subject to direct judicial order for consideration of individual cases.
- Specific Department Cases - The Works Department in Manipur imposed a ban on direct recruitment (Khuraijam Surjit Singh VS State of Manipur represented by the Commissioner/Secretary (Works) - Manipur), which was upheld, indicating that departmental bans are binding unless exemptions are provided.
Analysis and Conclusion:
Recruitment bans are generally upheld as valid policy measures, but courts recognize certain exemptions, especially for backlog clearance, reserved categories, or special drives. Appointments made during bans are often scrutinized, with cancellations or approvals depending on the nature of the exemption and timing. Overall, bans are enforceable policies, but their application can be nuanced based on specific circumstances and legal provisions.
References: - Sanjay Shankar Gilbile VS State of Maharashtra - Bombay, Tejaswini Netaji Yadav VS State of Maharashtra - Bombay, R. Prasad and Anr. VS The Executive Director, APSRTC, Cuddapah Zone - Andhra Pradesh, P. Babu VS The District Educational Officer - Madras, Ruppu Gannemma VS Vice Chairman and Managing Director, APSRTC - Andhra Pradesh, Mohd. Moveen
VS State of U. P. - Allahabad, Pallavi Shashikant Dhotre VS State of Maharashtra, Through the Secretary - Bombay, Sunil S/o. Rajendra Fawade VS State of Maharashtra - Bombay, P. S. Sunilkumar VS Secretary, School Education Department, Chennai - Madras, Khuraijam Surjit Singh VS State of Manipur represented by the Commissioner/Secretary (Works) - Manipur
Search Results for "Ban only for Recruitment"
2018 0 Supreme(Bom) 1800 • India - Bombay
B.R.GAVAI, M.S.KARNIK
Teacher - Appointment Approval - The court held that the ban on recruitment of teachers did not apply to appointments made for ... Issues: Refusal of approval for the appointment of the Petitioner due to a ban on recruitment of teachers. ... on recruitment of teachers. ... The Petitioner has not been granted approval on the ground that in view of Government Resolution dated 02/05/2012, there was a ban on recruitment of teachers and as such, appointments made by the m....
2018 0 Supreme(Bom) 1797 • India - Bombay
B.R.GAVAI, M.S.KARNIK
to a recruitment ban, citing a previous judgment that exempted certain categories from the ban, including appointments for English ... Recruitment Ban - Teacher Appointment - The court allowed the petition of a teacher who was denied approval for appointment due ... Issues: The issue revolved around the refusal of approval for the petitioner's appointment based on a recruitment ban and ... The Petitioner has not been granted approval on the ground that in view of Gov....
1996 0 Supreme(AP) 352 • India - Andhra Pradesh
G.BIKSHAPATHY
APPOINTMENT - JUNIOR ASSISTANTS - SELECTION PANEL - VALIDITY - EXTENSION OF PANEL LIFE DUE TO RECRUITMENT BAN - FRESH RECRUITMENT ... However, due to a ban on recruitment, only a few candidates were appointed, and the remaining vacancies were not filled. ... Whether the life of a selection panel expires after one year, even if there is a ban on recruitment during that period? 2. ... All the persons could not be appointed, as according to the counter of the respondents....
2010 0 Supreme(Mad) 4804 • India - Madras
P.JYOTHIMANI
The appointment was later canceled due to the ban on recruitment during the period of appointment. ... on recruitment could be held illegal. ... on recruitment, the lifting of the ban, and the approval of appointment of non-teaching staff in private schools. ... However, after 2 years, viz., on 27.2.2004, the impugned order came to be passed by the 2nd respondent cancelling the approval of appointment of the petitioner on 16.8.2002 on the basis that the recruitment of the petitioner in....
1998 0 Supreme(AP) 303 • India - Andhra Pradesh
S.R.NAYAK
C - Placing ban on recruitment to post of attenders and sweepers was subject-matter of judicial review before this Court and before ... C. has taken a policy decision to ban recruitment to post of attenders and sweepers - It is not case of petitioner that she is possessing ... on recruitment to these two posts Court cannot direct consideration of her case for appointment to these posts - Petitioner s version ... Since there is ban on recruitment to these two posts, th....
2004 0 Supreme(All) 336 • India - Allahabad
RAKESH TIWARI
There were subsequent appointments and resignations, and a ban on recruitment was imposed and later lifted. ... Issues: Dispute over appointment, subsequent appointments and resignations, imposition and lifting of recruitment ban, pending ... ban. ... ... ( 3 ) IN the mean time, a ban was imposed by the State Government on recruitment on 29. 8. 2003. The aforesaid ban was lifted on 15. 1. 2004 by the State Government. ... The ban ....
2018 0 Supreme(Bom) 934 • India - Bombay
S.C.GUPTE
on recruitment, special drive for clearing backlog of reservations, and relaxation of ban on recruitment for specific subjects. ... Ratio Decidendi: The court held that the appointments in reserved categories were not subject to the ban on recruitment, and ... discussed the provisions of MEPS Act, 1977, and various Government Resolutions (G.R.) related to teacher appointments, including the ban ... Even this relaxation has been considered as superseding the ban on #H....
2018 0 Supreme(Bom) 1915 • India - Bombay
S.S.SHINDE, K.K.SONAWANE
Issues: The issues revolved around the relaxation of the ban on recruitment for specific subjects, the obligation of Education ... the recruitment is made to fulfill the backlog of reserved category candidates. ... , and Science, and where the recruitment is made to fulfill the backlog of reserved category candidates. ... No doubt that, vide GR dated 2nd May 2012, the State has imposed a ban on recruitment of Assistant Teacher till there is 100% absorption of the surplus teachers. .......
2023 0 Supreme(Mad) 2737 • India - Madras
S. SRIMATHY
on recruitment and subsequent management changes. ... Issues: Dispute over the approval of the petitioner's appointment, ban on recruitment, management changes, and termination ... until the ban was lifted. ... There was a ban in recruitment as per G.O.Ms.No.212 P & AR Department, dated 29.11.2001 and the ban was lifted through G.O.Ms.No.14, P & AR Department, dated 07.02.2006. Hence there was ban for recruitment from 29.11.2001 to....
2016 0 Supreme(Manipur) 170 • India - Manipur
R.R.PRASAD, N.KOTISWAR SINGH
discussed the imposition of a ban on direct recruitment by the Works Department, Government of Manipur, and the lack of exemption ... However, the appointment was not made due to a ban on direct recruitment imposed by the Department of Works, Government of Manipur ... recruitment imposed by the Works Department, Government of Manipur. ... Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acqui....
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