Rajasthan High Court Sets Aside RSEB's Decision To Exclude Male Candidates From Compassionate Appointment On LDC Post

The Rajasthan High Court quashed an order dated October 17, 1996 issued by Rajasthan State Electricity Board which provided for the appointment of only female candidates as Lower Division Clerk (LDC) under a compassionate scheme.The single judge bench of Justice Anoop Kumar Dhand observed that exclusion of Male candidates for getting compassionate appointment on the post of LDC is based solely on gender discrimination and the same is also in violation of Clause 10.2 of the Rajasthan State...

Plastic Coated Papers Come Within Ambit Of Notification Banning Single-Use Plastic Items: Rajasthan High Court

Observing that single-use plastic items incarnate the alarmingly rising throwaway culture in our society, the Rajasthan High Court has held that ‘plastic coated with paper’ will come within the ambit of notification banning single-use plastic items under Plastic Waste Management Rules of 2016. The 'plastic laminated paper' is used as raw material for laminated paper cups. “Taking into account the definition a ‘single- use plastic commodity’ as provided under Rule 3(va) vide subject...

Human Being’s Right To Choose Sex Or Gender One Of Most Basic Aspects Of Self Determination, Dignity And Freedom: Rajasthan High Court

Allowing a Physical Training Instructor to get his name and gender changed in the service record after a sex reassignment surgery, the Rajasthan High Court said that the right of a human being to choose his/her sex or gender identity is integral to his or her personality and is one of the most basic aspects of self determination, dignity and freedom.Justice Anoop Kumar Dhand said that everyone is entitled to enjoy all human rights which are a basic necessity to survive, without...

Rajasthan High Court Refuses To Stay Release Of Film ‘Sirf Ek Banda Kaafi Hai’ Allegedly Made On Life Of Asaram Bapu

The Rajasthan High Court has refused an interim application seeking stay on the release of film 'Sirf Ek Banda Kaafi Hai', allegedly based on the life of Asaram Bapu.The bench of Justice Dr.Pushpendra Singh Bhati said, “there is nothing directly found related to the petitioner no.2( Asaram Bapu), which could persuade this Court to grant the relief prayed for in the stay application filed by the petitioners.”The Court however said dismissal of the stay application will not preclude either of the...

Centre Notifies Appointment Of Justice Augustine George Masih As Chief Justice Of Rajasthan High Court

The Central Government today notified the appointment of Justice Augustine George Masih as the Chief Justice of the Rajasthan High Court. Justice Masih is the senior most puisne judge of the Punjab and Haryana High Court.The Supreme Court Collegium last month recommended the appointment of Justice Masih as the Chief Justice of the Rajasthan High Court. The vacancy arose consequent to the elevation of earlier Chief Justice, Justice Pankaj Mithal from the Rajasthan High Court to the Supreme...

Rajasthan Panchayati Raj Rules | Age Relaxation For Appointment Cannot Be Claimed Twice Under Two Different Categories: Rajasthan High Court

The Rajasthan High Court has held that a candidate applying for a post under the Rajasthan Panchayati Raj Rules, 1996, can only seek relaxation under one category and cannot avail further benefits by claiming relaxation on two counts.In this case the candidates, who had applied for the position of Lower Division Clerk (LDC), were seeking age relaxation on two counts, firstly as per proviso(x) of rule 265 for no recruitment having taken place for three years preceding 2013 and also under the...

Rajasthan High Court Imposes Rs 50,000 Cost On 3 RSRTC Employees For Suppressing Filing Of Previous Petition For Same Relief

The Rajasthan High Court has imposed a cost Rs. 50,000 each on three employees of Rajasthan State Road Transport Corporation (RSRTC) who obtained an interim order by suppressing the filing of the previous petition for the same relief.Justice Vinit Kumar Mathur said the non-disclosure of filing earlier writ petition is nothing but suppression of material fact by the petitioners. "The interim order obtained by the petitioners in this writ petition is based on misstatement of fact and suppression...

Rajasthan High Court Issues Notice On Asaram Bapu's Plea Seeking Ban On Movie ‘Sirf Ek Banda Kaafi Hai’

The Rajasthan High Court has issued a notice on a plea seeking a ban on the movie 'Sirf Ek Banda Kaafi Hai' in theaters as well as on OTT platforms.. The court has also issued notice on the application seeking interim stay on the movie's release during pendency of the petition.The petition has been filed by Asaram Bapu, who is currently in jail in a rape case, and Om Prakash Lakhani, a trustee of Sant Shri Asaram Ji Ashram Charitable Trust. The plea alleges that the movie has been made on the...

Expert Opinion Should Not Be Vague, Even 'Rustic Villager' Can Say 'Injuries Might Be Life Threatening If Not Treated On Time': Rajasthan High Court

The Rajasthan High Court recently said that the opinion of an expert under Section 45 of the Indian Evidence Act should not be vague or evasive but should rather be firm and definite. Only in that situation the same is admissible in evidence under the law, the court said."It is expected from an expert that his opinion must be firm and should not be vague, bald or evasive or dependent upon the contingencies. The injuries should be opined to be simple or grievous in nature. The phrase used by...

Non-Compliance Of Mandatory Provisions Under NDPS Act Be Dealt With Strict Hand, Caution Must While Deciding Cases Of Seizure: Rajasthan High Court

The Rajasthan High Court has observed that the non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand and that courts have to be cautious while adjudicating matters concerning seizure of narcotics substance. Justice Farjand Ali emphasized that no accused should be able to walk scot-free for want of proper implementation and following of the procedure established by law.The court made the observations while suspending the 15-year sentence awarded to a man under...

Rajasthan High Court Grants Relief To RSRTC Driver, Says Service Period Of Daily Wage Required To Be Taken Into Account For Grant Of Retiral Benefits

Granting relief to a former driver of Rajasthan State Road Transport Corporation Ltd, the Rajasthan High Court said the services rendered by him as daily wager shall be “taken into account while computing twenty years of qualifying service” for the grant of the pensionary benefits.Referring to the 2015 regulations, the bench of Justice Vinit Kumar Mathur said, “there cannot be two opinions that petitioner who has worked on daily wages basis is not entitled for getting the services included for...

Forcing A Person To Go Through Rigor Of Trial Without 'Apt Prima Facie Evidence' Is Direct Infringement Of Fundamental Rights: Rajasthan High Court

Observing that the framing of charge by the trial court is a determinative action and an important exercise of power, the Rajasthan High Court said that forcing a person to go through the rigors of trial without there being any prima facie evidence would amount to a violation of his fundamental rights.“Forcing a person to go through the rigor of trial without there being apt prima...