Rajasthan High Court
Yoga Not Recognized As 'Sport' By Ministry, No Bonus Marks For Selection As PT Instructor: Rajasthan High Court
Rajasthan High Court dismissed a petition that challenged State's decision to not grant bonus marks provided for participation in Sports based on petitioner's certificate of Yoga, opining that in a notification dated December 21, 2016, Ministry of Youth Affairs & Sports clarified that since it was not feasible to hold any competitive sports tournaments for Yoga, it could not be termed...
Rajasthan HC Makes Exception For Widow Declared Ineligible For Job For Having More Than 2 Children, Considers Her Socio-Economic Condition
While exercising its inherent powers, the Jaipur bench of the Rajasthan High Court directed the State to grant employment to a widow and a mother of four belonging to the SC category, who stood meritorious in the recruitment process to the post of school lecturer, but was denied employment for having more than two surviving children.Justice Sameer Jain held that it was imperative to depart...
Asking Nursing Officer With Advanced Stage Pregnancy To Serve 500 Kms Away From Residence Violative Of Her Right To Health: Rajasthan HC
Rajasthan High Court ruled that posting a 30-week pregnant woman 500 Kms away from her residence despite being 100s of vacancies near her home was highly arbitrary and mechanical exercise or non-exercise of mind that not only violated her right to health but also her right to safe working conditions as well as right to livelihood under Article 21.“State is not only supposed to act as a...
Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn.The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate (ACJM) who had directed...
Rajasthan HC Issues Notice On Plea Against Circular Classifying Transgender Persons As OBCs, Seeks Implementation Of Horizontal Reservation
The Rajasthan High Court has issued notice on a petition challenging a 2023 Circular issued by the State, classifying transgender persons as Other Backward Classes (“OBCs”), instead of providing horizontal reservation to them.The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Nupur Bhati asked the Respondent authorities, including State's Department of Social...
No Provision For Law Enforcement To Conduct Arrests Via Video Calls: Rajasthan HC Takes Suo Motu Cognizance Of 'Digital Arrest Scams'
Terming “Digital Arrest scams” as one of the most insidious forms of cybercrime, Rajasthan High Court took suo motu cognizance of the increasing trend of cybercrimes in India including digital arrest, directing the State and Central Government to submit a report on the steps being taken to curb the offence.The bench of Justice Anoop Kumar Dhand opined that it was high time to spread...
Unsuccessful Candidate Can't Challenge Expert Opinion Later, Claiming That Self Assessment Showed His Answers To Be Correct: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court has reiterated that an unsuccessful candidate cannot later challenge the opinion of experts on the ground that in their self assessment the candidate believes their answer to be correct going against the expert opinion. In doing so the high court the dismissed an man's plea who could not qualify the Assistant Engineer (Mechanical) exam, but had...
Rajasthan High Court Directs DM To Decide Within 4 Days Prisoner's Application For Parole To Support Wife During Child Birth
Rajasthan High Court has directed the District Magistrate, Dausa to decide a prisoner's application for grant of parole, for the purpose of his wife's delivery, within 4 days.The bench of Justice Anoop Kumar Dhand opined that as per Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021 the application should have been decided within a period of 4 days from the date of...
Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner.Justice Anoop Kumar Dhand relied upon the...
Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date
Rajasthan High Court granted relief to a Lower Division Clerk whose services were regularized from a later date than the date of completion of her probation period owing to delay on part of the State in conducting the prescribed examination that was required to be cleared for such regularization.The bench of Justice Arun Monga observed that the petitioner was willing and available throughout...
Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary
The Jodhpur bench of the Rajasthan High Court recently granted interim relief to a government Medical Officer who had been suspended by the State, after he was arrested in a case for allegedly helping the principal accused in preparing a fabricated mark-sheet.Justice Arun Monga said, "Given the sheer time lapse between the time when the petitioner was arrested and the time of passing the...
Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC
In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18...