Rajasthan HC Restores Candidature Of Woman Ousted From Constable Recruitment Over Wrong Measurement Of Height In Physical Test, Orders Compensation

For making the mistake of measuring a woman candidate's height incorrectly during the Physical Test as a part of Constable Recruitment, Rajasthan High Court has imposed a cost of Rs 1 Lakh on the state to be paid to the petitioner.The single-judge bench of Justice Ganesh Ram Meena noted that the act of respondents has resulted in 'great mental agony and litigation cost' to the...

AAI Is An Extended Hand Of GOI; No Backdoor Entries Can Be Permitted While Absorbing Workers: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Hari Shankar Sharma & Ors. vs UOI & Ors. has held that AAI is an extended hand of the Government of India, thus no backdoor entries can be permitted while absorbing and regularizing workers in the same.Background FactsThe Petitioners were terminated...

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention

Recently, Rajasthan High Court has criticized the state government for its lukewarm approach in conducting litigation despite repeatedly drawing the attention of the Chief Secretary and Principal Secretary (Law) to the pressing issue of lack of representation. The single-judge bench of Justice Ganesh Ram Meena made the adverse remarks when the State sought additional time for filing...

Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Udai Singh vs Executive Engineer, Irrigation Division Dholpur & Ors. has held that the absence of statutory period of limitation under the ID Act, 1947 does not have the effect that substantially delayed lis should be mandatorily entertained by the...

[RPSC RAS Prelims] Court Can't Determine Correctness Of Answer Key On Its Own, Scope Of Judicial Review Miniscule Only After Obtaining Expert Opinion: Rajasthan HC

The Rajasthan High Court has recently refused to quash the final answer key uploaded by the Rajasthan Public Service Commission (RPSC) in the RAS Preliminary Exam (2023) by reasoning that the power of judicial review can be exercised only in 'exceptional circumstances', i.e., only when it is found that the answer keys are shown to be 'palpably and demonstrably erroneous'. The single judge...

Lien Of A Government Servant Only Ceases When Appointed On Another Post Substantively Or Absorbed Permanently: Rajasthan HC

A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Shiv Kumar vs State of Rajasthan & Ors. has held that lien of a government servant only ceases to exist when he/she is appointed on another post substantively or absorbed permanently. Background FactsDr. Shiv Kumar (Petitioner) was appointed as...

Employees Have A Legitimate Expectation For Extension Of Same Benefits As Extended To Similarly Situated Employees: Rajasthan HC

A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Mukesh Sharma vs State of Rajasthan has held that employees have a legitimate expectation of getting same benefits which were extended to an employee which is similarly situated.Background FactsDr. Mukesh Sharma (Petitioner) was appointed as...

Punishment Of Forfeiture Of Service Can Be Imposed For Willful Absence Though Not Explicitly Stated Under Services Rules: Rajasthan HC

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Shiv Kumar Khandelwal vs State of Rajasthan & Ors has held that punishment of forfeiture of service can be imposed for willful absence even though it is not explicitly spelt out under Rule 14 of Rajasthan Civil Services (Classification, Control and...

When Dealing With Matters Of Concealment, Courts Ought To Juxtapose The Nature Of Concealment With The Nature And Terms Of Recruitment: Rajasthan HC

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Nand Kishore Meena vs General Manager, Disciplinary Officer, Oriental Bank of Commerce has held that while dealing with matters of concealment, the courts ought to juxtapose the nature of concealment on part of the applicant with the nature and terms of...

Retiral Benefits Cannot Be Withheld Because Of Proceedings Which Do Not Relate To Official Duties: Rajasthan HC

A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition (“CWP”) in the case of Mahesh Chandra Soni vs State of Rajasthan and Ors. has held that retiral benefits cannot be withheld because of proceedings which do not relate to official duties like family disputes. Background FactsMahesh Chandra Soni (“Petitioner”)...

Rajasthan HC Orders Formation Of 'Grievance Redressal Cells' In All Govt Departments To Decide Public Representations, Comply With Judicial Orders

Reprimanding the State for blatantly disregarding the court directions in a plea for regularization of a particular plot, Rajasthan High Court has mandated forming of 'separate' Grievance Redressal cells in all state departments to ensure compliance with court orders.The single-judge bench of Justice Anoop Kumar Dhand also directed the State's Chief Secretary to make sure that such cells...

Rajasthan High Court Dismisses PIL Seeking Live Streaming Of Court Proceedings

Rajasthan High Court has refused to issue directions for the live streaming of court proceedings and rejected a public interest litigation filed seeking issuance and directions for the same.The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal dismissed the PIL filed by one Mr. Harshit Dudawat by taking the stand that video conferencing facilities are...