Court : Punjab and Haryana
..... in yashwinder singh rana s case on may 1, 1995 as well as the review application on 7th february, 1996, the state of punjab issued the punjab special recruitment of teachers ordinance, 1997 substituted by the punjab special recruitment of teachers act, (act no.8 of 1998) whereunder the teachers appointed in excess to the advertised posts were given regular appointment from the date of their original appointments. (5).the validity of the ..... afore-stated ordinance and act was challenged in a bunch of cases including cwp no.18504 of 1997 (sandesh singh & anr. versus state of punjab & anr.) and ..... and given appointment beyond the posts advertised on 19.08.1992 and whose services were subsequently terminated on 13.11.1997 pursuant to the directions issued by this court. the ordinance under challenge has been subsequently repealed and substituted by the punjab recruitment of teachers act, 1999. (2).with a view to appreciate the petitioners challenge, a brief reference to the facts is necessitated which .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(1)ESC410; (2005)2UPLBEC1149
..... ors. v. state of rajasthan and ors., air 1985 sc 1367 the court held that the provisions of rajasthan university teachers and officers (special conditions of service) act, 1974 provided for eligibility for absorption prescribing a particular period of continuous employment. thus, it was tantamount to regularisation of the ..... rules or in violation of the provisions of the constitution, illegality cannot be cured as regularisation cannot be said to be a mode of recruitment. the government services are essentially a matter of status rather than a contract and no government servant can claim automatic alteration of status unless ..... tripathi v. d.m./collector and ors., wherein petitions had been allowed. state government had approached the hon'ble apex court by filing the special leave petition nos. 21565 of 1993 and 14902 of 1994. the hon'ble supreme court had set aside the said orders passed by this court ..... sc 192, the constitution bench of the hon'ble supreme court while considering the case for grant of permits under the provisions of motor vehicles act, 1939, held that high court ought to have quashed the proceedings of the transport authority, but issuing the direction for grant of permits ' ..... stigmatic and the provisions of article 311 are not attracted.18. in state of punjab and ors. v. balveer singh and ors., air 1977 sc 629 the apex court considered the provisions of punjab re-organisation act, 1966 and held that by change of territorial adjustment because of re-roganisation of .....Tag this Judgment!
Court : Rajasthan
Reported in : 1987(1)WLN476
..... which would have entitled them to permanent absorption or regularisation of their services. the rajasthan universities' teachers and officers (special conditions of service) act, 1974 provided elaborate procedure for recruitment of teachers and officers in the universities, but no selections had been made on the basis of that act and all appointments were made on temporary basis. in order to provide absorption of temporary lecturers ..... purpose of absorption was the object to be achieved and thus fixing a date had a rational nexus with the object. for the regularisation of the appointment of the teachers, experience was taken to be necessary. it was held that the period of experience would be how much and the date of experience should begin from what time are ..... the rules governing the discipline in the police force of the state of punjab. a number of criminal prosecutions were filed against the participants in the agitation. some of them filed writ petitions but they were dismissed. after that about 1000 former members ..... 25. the question of classification amongst persons similarly placed came for consideration in the case of sengara singh and ors. v. the state of punjab and ors. air 1984 sc 1499. the state of punjab initiated disciplinary action and dismissed about 1100 members of the police force on the ground that they had participated in an agitation which was impermissible under .....Tag this Judgment!
Court : Supreme Court of India
..... alleged to have received their training. as a result, 34,540 primary school teachers came to be appointed in the year 2012-13. these teachers though appointed after 2006 were not appointed in terms of 2006 rules but special recruitment rules called 2013 rules were formulated.18. an association of teachers called parivartankari prarambhik shikshak sangh approached the high court by filing civil writ jurisdiction ..... casual workers. where a person is employed under a contract, it is the contract which will govern the terms and conditions of service. in state of haryana v. surinder kumar(1997) 3 scc633persons employed on contract basis claimed equal pay as regular workers on the footing that their posts were interchangeable. it was held that these persons had civil appeal no ..... union v. union of india(1991)1 scc619 gda v. vikram chaudhary(1995) 5 scc210 state of haryana v. jasmer singh (1996) 11 scc77 state of haryana v. surinder kumar (1997) 3 scc633 union of india v. k.v. baby (1998) 9 scc252 state of orissa v. balaram sahu (2003) 1 scc250 utkal university v. jyotirmayee nayak (2003) 4 scc760, state ..... on part of the state to put up an excuse of budgetary constraints. he further stated that under section 28 of the act, a teacher would not be allowed to engage himself in private teaching activity. he relied upon state of punjab and others vs. jagjit singh and others2, hussainara khatoon and others (iv) vs. home secretary, state of bihar, patna52, khatri and .....Tag this Judgment!
Court : Rajasthan
Reported in : 1991(2)WLN421
..... -on re- post from which minimum remarks post & grade special pay quired for direct appointment can experience (if any) recruitment. be made by qualifications promotion required for promotion 1 2 3 4 5 6 7 2. primary grade i matric trained (i) holder of un- must be no. direct school (trained trained matric matric & recruitment teachers. matric) grade trained. in grade iii 604-80 ..... case of ramsukh (supra).17. learned counsel for the respondents submitted that the judgment should be treated as per incuriam. learned counsel in this connection has invited my attention to punjab land development and reclamation corporation ltd. chandigarh v. presiding officer, labour court, chandigarh and ors. : (1990)iillj70sc ; a.r. antulay v. r.s. nayak and anr. : 1988crilj1661 ; and andhra kesari ..... be sustained for the simple reason that in the pay scales rules which has also been framed in the purported exercise of the powers conferred by section 79 of the act and thereby the pay scales have been revised with qualifications. the pay scales, previously, were prescribed in the service rules itself but now separate pay rules have been framed from ..... (supra) and a.r. antutlay's case (supra).41. in punjab land development & reclamation corpn. case (supra), the question was that the decision given in hariprasad shukla case correctly laid down the law or in the case of sundara money case in relation to section 25 of the industrial disputes act. in that connection it was observed as under:though the above .....Tag this Judgment!
Court : Patna
..... science). it is also submitted by learned counsel for the petitioners that advertisement no. 2/91 was issued for filling up the posts of teachers (home science) in different secondary schools of the state of bihar by direct recruits and when the petitioners and other successful candidates were selected by respondent no. 4, board, and their case was recommended for appointment, in ..... could have taken a decision to fill up the posts also by the teachers of primary schools and clerks of the nationalised secondary schools.6. from the pleadings of the parties, it appears that the petitioners were in the select list and were within the zone of appointment and specially when an undertaking was given to this court by the director, secondary ..... on their selection, they do not acquire any right to the post. unless the relevant recruitment rules so indicate, the state is under no legal duty to fill up all or any of the vacancies. however, it does not mean that the state has licence of acting in an arbitrary manner. the decision not to fill up the vacancies has to be ..... by direct recruits, no exceptional circumstance existed nor there was any emergent situation for the state to deviate from the principle of limiting the number of appointments so advertised. the action of the state authority, in this view of the matter, must be held to be arbitrary, unreasonable and discriminatory.9. in the case of surinder singh v. state of punjab a .....Tag this Judgment!
Court : Allahabad
Reported in : 1999(1)AWC252; (1998)3UPLBEC1989
..... notification mentioned above, it is clear that the commission without previous approval of the state government could not take any step to make any selection by direct recruitment of candidates for being appointed as teachers and principals and consequently could also not prepare any panel of candidates. the prohibition contained therein was with effect from the date of the notification. in our ..... under section 2 of the u. p. state control over public corporation act. 1975. as it is not the case of the parties that commission after the notification dated 17th april. 1997 had taken any step to make selection by direct recruitment of candidates for being appointed as teachers which includes principals and headmasters and had prepared any panel of candidates. the facts of ..... function as principal of the institutions and such candidates who have not joined on the post till date will not join the post without leave of this court.'5. separate special appeals were also filed by the selected candidates and in all of them, similar interim orders were passed by the division bench. madhyamik vidyalaya prabandhak association filed writ petition no ..... ) etc.. air 1951 sc 332, state of mysore v. s. r. jairam. : 1scr349 . harkesh chandra ratan chandra v. union of india. air 1970 sc 1478. state of punjab v. khan chand : 2scr768 , air india v. margesh mirza : (1981)iillj314sc . a. n. parasuraman v. state of tamil nadu. : air1990sc40 . p. k. ram chandra v. union of india. air .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1990P& H1
..... and buildings, tables and chairs. it has to tackle, at the same time, a human problem, that is to say, the fate of the teachers and the staff serving that institution. the institution, with which we are concerned, was taken over, byconsent, as a going educational concern and it goes ..... in case dr. k. m. sharma v. state of m. p., 1980 mplj 555 and cl. 6 was held valid and reasonable and teachers already in government service and those, sought to be absorbed on taking over the private college did not belong to the same category.18. after discussing ..... to besenior to respondents 3 to 8.17. in madhya pradesh shasnadhin's case (1988-1 serv lr 308) (madh pra) (supra), the teachers working in non-government institutions formed an association and filed this petition for claiming fixation of seniority in that case non-government institutions were taken over by ..... education service; or (b) by selectionfrom among those holding special ormiscellaneous posts in the department or(c) by direct appointment on therecommendation of the commissioner or thepunjab education board of selection if theformer does not exist. the plea of thedepartment was that recruitment of thepetitioner was under r. 6(c), it was ..... 3/c.a/17/87/s.28/66 dated 4th of january. 1966, published in the punjab govt. gazette, part iii dated jan, 7, 1966 in exercise of powers conferred by subsection (1) of s. 28 of the punjab land revenue act', 1887.rule 2. definitions :-- in these rules, unlessthe context otherwise requires -(a) to (c .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1997(7)SC537; 1997(5)SCALE567; (1997)8SCC488; Supp3SCR538; 1999(1)SLJ75(SC); 1997(2)LC630(SC)
..... commission does not furnish a source of recruitment. it is operative only for the contingency that if any of the selected candidates does not join then the person from the waiting list may ..... by which time the select list had lapsed.11. in pursuance to various orders of the high court 10,000 fresh posts of various categories of teachers were advertised on december 28, 1994 and the process of selection had since been completed. these candidates, however, could not be appointed because of intervention ..... of deaths, a lenient view can be taken and on consideration of expediency and equity they need not be quashed. therefore, in view of the special facts and circumstances of this case we do not think it proper to invalidate the appointments made on those 25 additional posts. but the appointments made ..... were made in terms of various orders of the high court,9. appeal arising out of slp no. 562/97 is against the judgment of the punjab and haryana high court dated october 21, 1996 in civil writ petition no. 1681/96. in this writ petition there were 923 petitioners and they ..... arise unless the selection was held for it. he has no vested right except to the limited extent, indicated above, or when the appointing authority acts arbitrarily and makes appointment from the waiting list by picking and choosing for extraneous reasons. a waiting list prepared in an examination conducted by the .....Tag this Judgment!
Court : Rajasthan
Reported in : 1991(2)WLN522
..... reach to the zila parishad upto first week of may every year so that the vacancies could be advertised in time and recruitment could be made before the commencement of the next academic session. therefore, specially in matters of appointment of teachers, if the academic sessions has been made the basis for determining the vacancies then on that count it cannot be said ..... of the essential legislative function.21. in the case of ram dial (supra), the question was regarding removal of member in public interest under section 14(e) of the punjab municipalities act, 1911 which provided the removal of the incumbent in public interest. but there was no provision of hearing of the member to be removed whereas under section 16(1) the ..... wrong to contend that there is abdication of the essential legislative function. learned counsel submitted that there is sufficient guidelines already contained in the act and the criteria has been laid down only for bringing uniformity in the recruitment all over rajasthan and minimising the arbitrariness. learned additional advocate general has invited our attention to dr. dinesh kumar and ors. v. ..... also submitted that the government amended the rules of 1959 in the purported exercise of the powers conferred by section 79 of the act, and, thereafter issued the circular for general guidance so as to bring uniformity in the recruitment all over rajasthan.6. now, in this back-ground, the principal submission of the learned counsel for the petitioners is regard .....Tag this Judgment!