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“If individuals entrusted with enforcing the law themselves secure entry into service through deception and fabricated credentials, it would seriously erode the Rule of Law.”
The terms of the recruitment rules and the advertisement form the basis of the selection process and are binding on both, the candidates as well as the recruiting agencies.
The criteria prescribed was not in any manner watered down or deviated from the criteria required to be satisfied while seeking regular appointment.
“The allegations, on the face of record, appear to be trivial in nature and arise out of a domestic dispute, having no bearing on the discharge of duties attached to the post in question.”
“Where an applicant manipulates higher marks to obtain an undeserved advantage, the appointment becomes tainted from its inception.”
“The Parliament, though has enacted the Transgender Persons (Protection of Rights) Act, 2019 and has also framed Rules thereunder, however, it appears that the welfare measures, which may be made pursuant to the statutory obligations cast on the Governments under the said Act, have also not been made.”
The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.
‘Certificate of Assistant Lineman was not verified diligently during his probation period, and it was clearly due to the laxity displayed by the employee concerned that the appointment went through in spite of lack in requisite qualifications, thereby denying a rightful candidate his opportunity of public employment.’
“Equal opportunity in public employment is a core constitutional value. One cannot steal and march over others by chance. The last date of the notification assumes importance to set a level playing field for everyone who is equal.”
In the instant case, the appellant was denied maternity leave for a third child on account of her re-marriage. The Supreme Court held that the appellant was entitled to grant of maternity leave.
The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.
“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”
The petition was filed by a transgender individual who had successfully cleared the Teachers’ Eligibility Test (TET) in both 2014 and 2022 but was not called for counseling or interview challenging discriminatory exclusion from the selection process despite meeting the eligibility criteria prompted the petitioner to seek justice through legal recourse.
Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.
“Every service in the public employment unless forbidden by law is transferable.”
Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process
Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and
“…that greater weightage is desirable to be given to the objective part of the assessment since the Indian psyche is such that the subjective part of the assessment, more often than not, is tainted, influenced or guided by nepotism or the usual uncle culture or even more disagreeable extraneous considerations.”
Supreme Court: In a case where some candidates who had applied for the post of Helper/trainee with Tamil Nadu Generation and Distribution
Jharkhand High Court: A Full Bench of H.C. Mishra, Shree Chandrashekhar and Deepak Roshan JJ., while deciding on the validity of the