Relaxation of Eligibility Criteria - BSNL issued a relaxation for the JTO (IT) examination, reducing the required regular service from 10 years to 7 years in Group C, as per letter No. 5-28/2009-pers IV dated 12.10.2009 Mukesh Kumar Mishra vs Bharat Sanchar Nigam Limited - Central Administrative Tribunal.
Legal Judgments on Relaxation - Courts have emphasized strict construction of relaxation clauses, often ruling that relaxation should not be broadly applied and must adhere to the specific provisions. Several judgments highlight that relaxation of qualifying standards is generally not applicable to all examinations and must be carefully interpreted to avoid discrimination Kanti Swarup Sharma, Shri Om Prakash VS Union of India - Allahabad, KANTI SWARUP SHARMA, SHRI OM PRAKASH VS UNION OF INDIA - Allahabad.
Discrimination and Strict Construction - Courts have upheld that relaxation clauses, especially those that create exemptions, should be strictly construed to prevent discrimination, and any relaxation cannot be arbitrarily extended beyond the prescribed scope Kanti Swarup Sharma, Shri Om Prakash VS Union of India - Allahabad, KANTI SWARUP SHARMA, SHRI OM PRAKASH VS UNION OF INDIA - Allahabad.
Promotion and Relaxation in Promotions - The promotion process, including relaxation for departmental examinations, has been scrutinized. Some judgments have found that relaxation benefits are limited and cannot be extended to all categories or examinations indiscriminately, ensuring fairness and adherence to rules Gummadi Babu Rao VS Bharat sanchar Nigam Ltd. - Andhra Pradesh, Prabhat Chandra Das, S/o. Late Puspa Ram Das VS Union of India, Rep. by the Chairman Cum Managing Director - Gauhati.
Legal Precedents on Relaxation Benefits - The courts have held that relaxation benefits, such as standards in departmental exams, are not automatically applicable to all candidates or examinations. The benefit is often limited to specific cases, and any extension must follow legal provisions to prevent discrimination Mukesh Kumar Mishra vs Bharat Sanchar Nigam Limited - Central Administrative Tribunal, R. Sai Babu VS Bharat Sanchar Nigam Limited rep. by the Chairman and Managing Director, New Delhi - Andhra Pradesh.
Application to BSNL JTO Examination - The relaxation issued by BSNL for the JTO exam is supported by legal judgments emphasizing adherence to rules and non-discrimination. However, courts have consistently maintained that relaxation benefits are not universally applicable unless explicitly provided for, and such relaxations are subject to strict legal scrutiny Mukesh Kumar Mishra vs Bharat Sanchar Nigam Limited - Central Administrative Tribunal, Prabhat Chandra Das, S/o. Late Puspa Ram Das VS Union of India, Rep. by the Chairman Cum Managing Director - Gauhati.
The relaxation policy for BSNL JTO examinations, particularly the reduction of service eligibility from 10 to 7 years, aligns with legal principles that permit relaxation under specific rules but must be applied carefully to avoid discrimination. Courts have consistently emphasized that relaxations should be strictly construed and limited to the scope defined by rules and legal provisions. Therefore, while BSNL's relaxation measures are valid within their context, their application must adhere to the legal standards to prevent arbitrary or discriminatory practices.
References: - INDCT00000088330 - 02500048717 - 02500000708 - 00200001353 - 01400035022 - INDCAT00000048945 - 00200027585 - 00900013432 - INDCAT00000052870 - 01100046860
The judgment addresses the eligibility of applicants with disabilities for promotion to the post of JTO (IT) under relevant provisions ... A relaxation was issued by BSNL C.O. vide letter No. 5- 28/2009-pers IV dated 12.10.2009 wherein the eligibility for appearing in the examination was reduced from 10 years to 7 years regular service in Group C. ... The notification dated 06.02.2013 for LICE for JTO (T) was issued as per the Recruitment Rules of JTO, 2001 and examination#HL....
Reservation - Promotion - Junior Telecom Officer Recruitment Rules, 1996 - Article 309 of Constitution of India - Rule 7 - Relaxation ... of qualifying standards - Discriminatory exemption clause - Strict construction of relaxation - Mandate of Article 335 Fact ... Issues: The main issue was whether the petitioners were entitled to the relaxation of qualifying standards for promotion to ... In short, the relaxation will not be applicable to both the examination where the examinations ....
of qualifying standards - Discriminatory exemption clause - Strict construction of relaxation - Supreme Court judgment on relaxation ... The court emphasized the strict construction of relaxation and upheld the discriminatory exemption clause. ... Reservation - Promotion - Junior Telecom Officer Recruitment Rules, 1996 - Article 309 of Constitution of India - Rule 7 - Relaxation ... In short, the relaxation will not be applicable to both the examination where the examinations....
respondent, as illegal, arbitrary, discriminatory and contrary to the orders, passed by this Court and Batch – The matter relates to relaxation ... Examination – Appointment – Communication – The petitioners, who are working in various capacities in the ... of standards in part-I examination for the post of Junior accounts Officer – Held, the respondents point out that JAOs are a specialized ... The matter relates to relaxation of standards in part-I examination for the post of Junior accounts Officer (....
After a series of legal proceedings, their claims for absorption were rejected by BSNL, leading to the current writ petition. ... Promotion - Telecom Officers - Central Administrative Tribunal - The Court discussed the legal provisions regarding promotions and relaxations ... (b) The examination held in the year 2001 would not qualify for relaxation in qualifying standards. ... For that the Hon'ble Guwahati High Court in WP(C) No. 7423, 7222 arc 8583/2003 dated 15.5.2007 has held that the relaxation sh....
) ... ... (B) Eligibility criteria - The court determined eligibility for participation in Limited Departmental Competitive Examination ... - Section 19 - Promotion to Sub Divisional Engineer (SDE) - Final seniority list of Sub Divisional Engineer (Telecom) issued by BSNL ... fulfillment of service conditions, establishing that Note 5 applies primarily for seniority promotions and not for competitive examinations ... of Examination. ... The respondents submit that the applicants were selected for the post of Junior Te....
1999 and 2000 years departmental competitive examination for Junior Telecom Officers (15% quota) only, Court by holding that they ... , as arbitrary and illegal, in so far as it denied the benefit of relaxation of standard to candidates who had participated in the ... , and its action in placing limitations on the relaxation to be given, which were in issue in the O.As, before the Tribunal. ... The above relaxation would be applied to either of the two examinations i.e., the examination#HL_END....
.) - PROMOTION TO JUNIOR TELECOM OFFICER (JTO) - RELAXATION OF QUALIFYING STANDARDS FOR 15% DEPARTMENTAL QUOTA CANDIDATES - WHETHER ... Whether the relaxation of qualifying standards for 15% departmental quota candidates for promotion to JTO was discriminatory and ... The petitioners, who belonged to the 35% departmental quota, contended that the relaxation would affect their seniority and that ... In short, the relaxation will not be applicable to both the examinations#HL_EN....
(A) Recruitment Rules for Sub Divisional Engineer (Telecom) - Clause 12 - Limited Departmental Competitive Examination (LDCE) - Constitution ... Ld. counsel for the applicants further contended that the rule provides for relaxation. . ... , by virtue of the post and its circle nature which is governed by the BSNL RRs of JTO. ... successful candidates in the exam, so conducted, to the circles of their choice, according to the merit obtained by them, The said examination is conducted by the BSNL....
, eligibility criteria for internal and external candidates, and age relaxation. ... 2007 and 2009, the eligibility criteria for internal and external candidates, age relaxation, and the implications of amendments ... Management Trainees - BSNL Recruitment Rules - 2007, 2009 - The judgment discusses the BSNL Management Trainees Recruitment Rules ... Thus, the selection process through the open competitive examination for the external quota and the internal limited departmental examination#HL_E....
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