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Service law

UNION OF INDIA & ORS. versus SAJIB ROY

Whether a reserved candidate who availed concessions such as age relaxation can be appointed against unreserved vacancies depends on the recruitment rules and instruments governing the selection; if there is no embargo in those rules, migration is permissible when the candidate scores higher than the last selected unreserved candidate, but where an express embargo exists (as in Office Memorandum dated 01.07.1998) migration is barred. Applying that principle to the present facts, the High Court erred in allowing migration and its decision is set aside.

Source excerpt

  • Reservation
  • Age relaxation
  • Migration to unreserved category
  • Recruitment rules
  • Article 14
  • Article 16(4)
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Administrative law

LT. COL. SUPRITA CHANDEL versus UNION OF INDIA AND ORS.

The appellant, being identically situated with officers who obtained relief from the AFT Principal Bench, was wrongly excluded from consideration and is entitled to parity; in the exercise of Article 142, the appellant must be granted Permanent Commission and all consequential benefits from the same date as similarly situated persons who obtained relief pursuant to the AFT Principal Bench order; the AFT Regional Bench order is quashed and set aside.

Source excerpt

  • Permanent commissioning
  • Age relaxation
  • Equal treatment/non-discrimination
  • Extension of benefit to similarly situated persons
  • Article 142 remedy
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Constitutional law

MAHESH CHAND BARETH & ANR. versus STATE OF RAJASTHAN & ORS.

Rule 13(v) of the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 is valid: project-employed para teachers constitute a distinct class based on intelligible differentia related to the object of universalizing elementary education in far-flung areas; age relaxation for those who were within the age limit when initially engaged is permissible; the executive guidelines of 27.05.2008 awarding differential bonus marks for project experience, issued prior to the advertisement, legitimately supplemented (and did not supplant) the Rules and were not arbitrary or ultra vires; accordingly the ch…

Source excerpt

  • Age relaxation
  • Article 14
  • Bonus marks
  • Recruitment
  • Prabodhak cadre
  • Educational projects
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Service law

DELHI SUBORDINATE SERVICES SELECTION BOARD & ANR. versus SEEMA KAPOOR

The Court held that the respondent, being an employee of an autonomous body (South Delhi Municipal Corporation), is not a government servant and cannot be treated as a departmental candidate for the purposes of age relaxation for direct recruitment; the Government of India Circular dated 27.3.2012 confines age relaxation to Central Government civilian employees, and promotion channels under recruitment rules do not make an autonomous body employee eligible for age relaxation applicable to direct recruits, hence the respondent was not entitled to the five years' age relaxation and orders of th…

Source excerpt

  • Age relaxation
  • Departmental candidate
  • Government servant
  • Recruitment rules
  • Promotion vs direct recruitment
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Service law

DR. THINGUJAM ACHOUBA SINGH & ORS. versus DR. H. NABACHANDRA SINGH & ORS. ETC.

The High Court erred in examining and setting aside the advertisement on the basis of the validity or non-notification of amended recruitment rules when no challenge to those rules was before it; the experience criteria in the advertisement could not be held contrary to MCI Regulations given RIMS' status as an affiliated teaching hospital; and the Court could not direct the employer to provide age relaxation which is a matter of employer discretion.

Source excerpt

  • Recruitment
  • Age relaxation
  • Experience criteria
  • Notification of rules
  • Application of mci regulations
  • Challenge to advertisement
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Rehabilitation

UNION OF INDIA & ORS. versus SHANKAR PRASAD DEEP ETC.ETC.

The policy of offering employment to land oustees is valid only if all prescribed conditions, including the selection process, are fulfilled. The Tribunal erred in excluding the selection requirement and exceeded its authority by substituting its own directions. Sufficient opportunity must be given to land oustees to comply with verification requirements, and the administration must actively coordinate with local authorities for proper verification.

Source excerpt

  • Preferential employment policy for land oustees
  • Railway land acquisition
  • Selection process for group 'd' posts
  • Age relaxation
  • Procedural fairness in verification of land oustee claims
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Administrative law

ANIL KUMAR versus UNION OF INDIA & ORS.

The rejection of the appellant's claim was contrary to the Railway Board's binding policy circular dated 19 April 2006 because the appellant's entire house was demolished and thus his case fell within paragraph 2 of the circular; accordingly the impugned orders were set aside and the appellant's claim for appointment to a Group 'D' post was to be implemented within two months with age relaxation if required.

Source excerpt

  • Policy circulars
  • Rehabilitation employment
  • Displaced persons
  • Mandamus
  • Age relaxation
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Service law

ZAHOOR AHMAD RATHER AND ORS ETC versus SHEIKH IMTIYAZ AHMAD AND ORS ETC

The appellants did not meet the prescribed qualification, which was 'Matric with ITI in relevant trade'. The Board did not change rules mid-selection, but corrected a procedural anomaly. Judicial review cannot expand or equate qualifications unless expressly permitted by statute. The Board has discretion regarding weightage to higher qualifications, which it declined to exercise. Absence of statutory provisions precludes assumption that holding a diploma includes holding an ITI. Therefore, exclusion of appellants from select list was justified.

Source excerpt

  • Qualification for recruitment
  • Equivalence of qualification
  • Recruitment policy
  • Judicial review scope
  • Age relaxation
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Service law

GAURAV PRADHAN & ORS. versus STATE OF RAJASTHAN & ORS.

Reserved category candidates who availed age relaxation during recruitment commenced prior to circular dated 11.05.2011 are not eligible to be migrated to unreserved category vacancies; State must appoint general category candidates who were displaced, while allowing already appointed reserved candidates to continue.

Source excerpt

  • Recruitment
  • Reservation
  • Migration of reserved category candidates
  • Age relaxation
  • Rajasthan police subordinate service rules
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Service law

DEEPA E.V. versus UNION OF INDIA AND ORS.

OBC candidates who avail age relaxation are not entitled to appointment under the general category due to express statutory and administrative instructions barring such consideration.

Source excerpt

  • Recruitment
  • Reservation
  • Obc
  • Age relaxation
  • General category appointment
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.