Availing Employee's Services Without Pay Violates Fundamental Right Against 'Begar': Rajasthan HC Slams State Over Unpaid Dues Since 2016

Rajasthan High Court has ruled that depriving any employee of their salary without any justification amounted to violation under Articles 21, 23 and 300-A of the Constitution of India. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a public employee who was not paid his salary since 2016, for almost 97 months now without any justification, despite providing...

NEET-PG: Rajasthan High Court Issues Notice To Admission Board Chairman On Plea Over Round-3 Counselling

While hearing a writ petition challenging the Round 3 of Counselling of NEET PG- 2024, the bench of Justice Sameer Jain at the Rajasthan High Court issued notices to the Director, (Public Health), Medical and Health Service, Rajasthan and the Chairman, NEET PG Admission/Counselling Board. The petition has been filed by the candidates of the NEET PG 2024 who had participated in...

No Bonus Marks For Work Experience In Absence Of Actual Physical Work: Rajasthan HC Rejects Claim Of Nurses Appointed After Revised Result

The Jodhpur bench of the Rajasthan High Court rejected a plea by nursing staff who sought bonus marks based on past experience–as given to their colleagues who were appointed in 2008–after noting that the former were appointed only in 2016 based on a revised recruitment result. In doing so the court said that allowing the petitioners claim, when they did not actually do any physical...

Centre Notifies Appointment Of Advocate Maneesh Sharma As Rajasthan High Court Judge Over 3 Yrs After SC Collegium Recommendation

The Centre has cleared the appointment of Advocate Maneesh Sharma as a Judge of the Rajasthan High Court.The Supreme Court collegium had recommended the name of Mr. Sharma for appointment to the High Court in 2021. The Union Law Minister shared the news of the appointment on X handle. It reads "In exercise of the power conferred by the Constitution of India, the President is pleased to...

Rajasthan High Court Stays 800 Kilometers Far Transfer Of Lecturer Who Filed Sexual Harassment Complaint Against Govt School Principal

The Rajasthan High Court has stayed the transfer of a government school lecturer who had filed a sexual harassment complaint against the school Principal.After the woman alleged that the 800 km far transfer was a consequence of her complaint, Justice Arun Monga issued notice on her plea and directed:"Meanwhile, the petitioner shall be allowed to discharge her duties at her...

Suit For Partition Of Agricultural Land Can Be Decided By Civil Court If No Dispute Regarding Tenancy Rights Are Involved: Rajasthan HC

Rajasthan High Court ruled that the Civil Court had absolute jurisdiction in a suit for partition simplicitor even though partition of an agricultural land was sought for, if there was no dispute relating to the tenancy rights in that suit, in which case the matter to that limited extent had to be referred to the revenue court. The bench of Justice Vinit Kumar Mathur was...

Sale, Bequest Of Tenancy Rights By Member Of SC/ST Category To Person Who Isn't From Community Is Void Under State Tenancy Law: Rajasthan HC

The Jaipur bench of the Rajasthan High Court reiterated that person who is not a member of the SC/ST category cannot claim khatedari or tenancy rights based on adverse possession over a land belonging to a person from SC/ST category and which was purchased from him in violation of Section 42 of the Rajasthan Tenancy Act.Section 42 of the Act stipulates that the sale, gift or bequest of...

Rajasthan HC Flags State Officials' Failure To Adequately Assist Courts, Govt Counsel In Pending Matters; Warns Of Disciplinary Action

While hearing a petition wherein no final order was passed by the disciplinary authority pursuant to an inquiry report filed in 2014, Rajasthan High Court observed the lackadaisical attitude of Officers-in-Charge (OCs) and their failure to discharge their duties under Rule 233 of the Rajasthan Law and Legal Affairs Department Manual 1999 (“the Manual”).“This Court feels pain to observe...

State, Private Employers Must Endeavor To Conclude Departmental Action Against Delinquent Employee Within 6 Months: Rajasthan HC

Rajasthan High Court ruled that every employer, whether State or private, must make serious efforts to conclude departmental inquiry against their employees within a reasonable time period, preferably within 6 (six) months as the outer limit, and if it was not possible due to unavoidable causes, within a reasonable extended period based on the cause and nature of inquiry.The bench of...

Person Belonging To 'Teli' Caste Can't Be Denied OBC Reservation Merely For Being From Muslim Community: Rajasthan High Court

Rajasthan High Court has ruled that the caste “Teli” that had been included in the Central List of OBCs in the State of Rajasthan could include people irrespective of their religion, be it Hindus or Non-Hindus since the caste drew its name from traditional hereditary occupations whose members belonged to different religions.The bench of Justice Anoop Kumar Dhand further issued a...

Woman Migrating From Haryana To Rajasthan Post Marriage Doesn't Disentitle Her To Seek Benefit Of EWS Scheme: High Court

In relation to eligibility of an EWS certificate issued by the government of Haryana to a woman who got married in Rajasthan, the Rajasthan High Court ruled that change of location from Haryana to Rajasthan did not render the petitioner ineligible to seek benefit of the certificate issued by the competent authority.The Court was hearing a petition filed by a woman who had moved from Haryana...

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC

While hearing a bunch of petitions challenging transfers of the Panchayati Raj Department, Rajasthan High Court ruled that the requirement of taking consent from the Panchayati Raj Department for such transfers as envisaged under the Rule 8(iii) of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (“the Rules”) was not necessarily pre-facto and was fulfilled even if...