Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1959 r 17(2)/Rajasthan Panchayati Raj Rules Rajasthan Panchayat Samitis and Zila Parishad c (Service) Rules 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Rajasthan Panchayat Samitis and Zila Parishad (Service) Rules, 1959; r 17(2)/ Rajasthan Panchayati Raj Rules, 1996; rr. 233, 266, 274 and 296/Circulars dated 24. 7.95 and 20. 7. 96: Appointment of Teachers Grade Ill by relaxing qualification u/r.296 of 1996 Rules - Challenge to - Allowed by Single .fudge of High Court - Affirmed by Division Bench of High Court - Correctness of - Held: Incorrect - Once Circular laying down criteria for selection of candidates for certain post issued, selection process should continue on the basis of the criteria so laid down - Selection should not be made on the basis of revised criteria in terms of revised Circular issued - Revised Circular issued by the authorities exercising unfettered discretion under r. 206 of 1996 Rules relaxing qualification facilitating· appointment of appellants - Since r.296 conferring unbridled power of relaxation on the Government. it was struck down by the High Court - Appointment of appellants made thereafter cannot survive - However, appellants have served as teachers in terms of order of Supreme Court and have become over-aged, they may be considered for future appointment by giving relaxation in age. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2008 INSC 239 |
Petitioner | Madan Mohan Sharma & Anr. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2008] 3 S.C.R. 232 |
Judgement Date | 2008-02-22 |
Case Number | 1506 |
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