Doctors Won't Presumably Commit 'Medical Negligence' As It Can Ruin Their Professional And Economic Stability: Rajasthan HC Quashes FIR

While quashing an FIR against private doctors booked for negligently mistreating a patient pursuant to which she passed away, the Rajasthan High Court observed that it would be wrong to assume that a doctor or institution shall deliberately risk its reputation by engaging in rash and negligent medical practices.In doing so the court observed that the "risk of professional ruin, economic...

Rajasthan HC Expresses Dissatisfaction With Police Reply On Curbing Online Sale Of E-Cigarettes, Orders DGP To Inform On Preventive Steps

While hearing a plea on the "menace" of online sale of e-cigarettes, the Rajasthan High Court expressed its dissatisfaction with the reply filed by the police and further directed the state's Director General of Police to inform through a detailed affidavit on the development and implementation of a preventive mechanism to curb such sale. The court also directed the officer-in-charge of PHQ...

Absolute Bar On Withdrawal Of Voluntary Retirement Once Accepted 'Unfair': Rajasthan HC Reads Down Provision In Civil Service Pension Rules

Reading down the proviso to Rule 50(4) of State Civil Services (Pension) Rules barring withdrawal from voluntary retirement once the application is accepted by the employer, the Rajasthan High Court said putting a complete embargo on an employee's choice to withdraw retirement plea even before it becomes effective renders the scheme suffering from manifest arbitrariness. It further held...

Rajasthan HC Quashes Order Denying Promotion To Female Lecturer Due To Gender, Directs State To Rectify All Discriminatory Rules & Policies

Expressing "pain" on the prevalence of gender bias, the Rajasthan High Court issued a mandamus to the State to take an immediate policy decision to rectify shortcomings in policies/rules leading to discriminatory practices against women performing the same duties as their male counterparts, but who are denied equivalent benefits.In doing so the court set aside the order of the Rajasthan...

'Legally Irreconcilable': Rajasthan HC Rejects Pleas By Ex-MLA Pramod Jain Bhaya, Others Seeking Both Quashing And Clubbing Of FIRs

The Rajasthan High Court rejected a batch of pleas filed by former Congress MLA and State Cabinet Minister Pramod Jain Bhaya, his friends and relatives, seeking quashing of 13 FIRs claiming that these were lodged with political motives and were handled by investigating agencies under the influence of the ruling party.The court also rejected the petitioners' plea to club the FIRs after...

Once Negative Police Report Is Filed, Prima Facie No Need To Reveal Info In Nomination Form: Rajasthan HC Rejects Election Plea Against MLA

The Rajasthan High Court dismissed a petition challenging the election of Hanumangarh MLA Ganeshraj Bansal alleging non-disclosure of certain criminal cases, observing that once the police had filed a negative final report prima facie the successful candidate was not required to reveal those cases in the nomination form.Justice Dinesh Mehta in his order said:"This Court has it own...

Rajasthan Service Rules | High Court Lays Down Guidelines For Issuing 'Awaiting Posting Orders', Says Reasons Must Be Conveyed To Employees

While hearing a bunch of petitions by government employees who were put under the category of “Awaiting Posting Orders” without assigning or conveying any reasons, the bench of Justice Arun Monga at the Rajasthan High Court issued the following guidelines:1) Purpose and Justification of APOs a. To be issued based on administrative necessity or public interest and not as a punitive...

Rajasthan High Court Orders State To Regularize Eligible Employees Appointed As Far Back As In 1979, Give Benefits To Irregular Appointees

Observing that in a welfare State prolonged denial of regularization despite continuous service for decades borders on institutional exploitation, the Rajasthan High Court passed a slew of directions to the State government in respect of various employees appointed as far back as 1979 whose initial appointments were irregular or illegal, but who had completed long years of service.Justice...

Girls Often Expected To Prioritize Household & Marriage, State Obligated To Implement Their Fundamental Right To Education: Rajasthan HC

Rajasthan High Court has granted permission to the Superintendent, Government Balika Grah, to admit a 11 year old rape victim, in any Government School situated near the vicinity of the Balika Grah, and to bear expenses of her studies till she attained the age of majority.The bench of Justice Anoop Kumar Dhand also directed the Superintendent, Balika Grah, to submit report along with...

Rajasthan HC Refuses To Quash FIR Against State University Students Booked For Assaulting Ex-Professor Based On Compromise Between Them

The Rajasthan High Court rejected a plea for quashing an FIR based on compromise between certain students of Rajasthan University accused of assaulting a former professor, observing that the alleged offences were serious in nature and per se breaches the tranquility and peace of society. Justice Sameer Jain in his order said:"The allegations noted in the FIR pertain to a...

'Public Money Misused By State Govt': Rajasthan HC Halts Grant Of Scholarship To Students With Over ₹25 Lakh Annual Family Income

The Rajasthan High Court in an interim order has restrained the State government from granting benefits of Swami Vivekanand Scholarship for High Studies (earlier known as Rajiv Gandhi Scholarship) to any candidates falling under the E3 category having annual family income of more than 25 lakhs, till further orders.The court said so after noting that "millions of rupees" from...

Abandoning Duty Without Prior Sanction Is Not 'Deemed Resignation', Must Be Dealt As Indiscipline Under Civil Services Rules: Rajasthan HC

Rajasthan High Court partly allowed a plea challenging an order under Rule 86 of Rajasthan Voluntarily Rural Education Service Rules as per which a government college teacher was “deemed to have resigned”, stating that though show cause notice issued to him was correct, his act of not reporting back on duty could not be deemed as a resignation. The court said that though Rule 86 was...