Rajasthan High Court Monthly Digest: January 2022

This digest contains all the important judgments and orders pertaining to Rajasthan for the month of January 2022, covered by LiveLaw. Judgments/ Orders 1. District Judge Recruitment Exam; Rajasthan HC dismisses Plea Challenging Conditions On Candidates To Furnish 10 Certified Copies of Judgments Case Title: Laxmilal Salvi v. Registrar General, Rajasthan High Court Case Citation: 2022 LiveLaw (Raj) 1 The division bench of Rajasthan High Court, Jodhpur dismissed a plea challenging the conditions on candidates to supply certified copies of those 10 judgments of which the candidate has furnished particulars while submitting online application form. As per the petitioner, this requirement is not part of the recruitment rules, and therefore, cannot be inserted through the recruitment notification. The court observed, "Clause (f) of paragraph 6 of the main notification thus traces its root to Sub-rule (1) of Rule 36 of the said rules and is thus in consonance with the statutory recruitment rules. Rule 36(1) is not under challenge. The condition, therefore, cannot be set aside." 2. "Sensitive Policy Matters", Rajasthan HC dismisses PIL seeking Directions to Declare 10Km from India-Pakistan Border As No Mining Zone Case Title: Seemajan Kalyan Samiti, Rajasthan v. Union of India Case Citation: 2022 LiveLaw (Raj) 2 A division Bench of Rajasthan High Court, Jodhpur dismissed a public interest litigation seeking direction to the Union government that ten kilometres of area from international border line (India and Pakistan) should be declared as no mining/commercial/industrial zone. The court observed that it is a sensitive policy matter and not a subject matter of decision by the High Court in a writ petition. The bench comprising of Akil Kureshi, CJ and Rameshwar Vyas J. observed, "In our opinion, these are sensitive policy matters. What should be the buffer zone for permitting mining operations and other commercial operations near the international border, cannot be subject matter of decision by the High Court in a writ petition. In addition to the above, the plea also seek permission for mining lease already granted should be cancelled. Further, it was also prayed that the decision to shut down Border Intelligence Chowkis be reversed. 3. "English, as a medium of instruction Can't Be Thrusted Upon A Child Even By A Legislation Much Less By A Policy Decision": Rajasthan HC Case Title: School Development Management Committee, Shri Hari Singh Senior Secondary School and Ors v. State of Rajasthan and Anr. Case Citation: 2022 LiveLaw (Raj) 3 While allowing the plea filed by the petitioner, the single bench of Rajasthan High Court, Jodhpur held that the impugned decision of the State seeking to convert the school in question from a Hindi medium to an English Medium school with immediate effect, is fortiori, violative of Article 19(1)(a) and 14 of the Constitution. Justice Dinesh Mehta held that English, as a medium of instruction, cannot be thrusted upon a child even by a legislation enacted by the State Government, much less by a policy decision. The present petition, filed by School Development Management Committee of Shri Hari Singh Senior Secondary School, Pilwa Panchayat Samiti Dechu, Jodhpur, challenging the decisions of Sept 2021 taken by the state government which converted petitioners' Hindi Medium school to an English Medium School - Mahatma Gandhi Government School (English Medium). Also Read: Whether Right To Get Education In Mother Tongue Or Hindi Is A Fundamental Right?: Rajasthan High Court 4. "Merging the Posts or Grant of Seniority Lies Within Exclusive Domain of Employer"; Rajasthan HC Upholds Merger of Cadre of Feeder Manager with Asst. Engineers Case Title: D.K. Garg and Anr. v. State of Rajasthan and Ors Case Citation: 2022 LiveLaw (Raj) 4 A division Bench of Rajasthan High Court, Jodhpur the order of the Power Sector Companies by which the entire Cadre of Feeder Manager in 5 Power Sector Companies of Rajasthan was merged with the Cadre of Assistant Engineer (O&M) and they were adjusted in the seniority list of 2010-11 & 2011-12. The bench comprising Justices Dinesh Mehta and Rameshwar Vyas observed that it is settled position of law that equating the posts or merging the posts or grant of seniority lies within the exclusive domain of the employer or the State Government. The scope of interference or judicial review is very limited. Court added that interference of court in policy matters is permissible only when there is a lacuna or procedural lapse in the decision making process. 5. CISF Examination, 2019: Rajasthan HC Directs Centre To Keep A Post Vacant for Candidate Suffering From Cubitus Valgu and having Tattoo Mark Case Title: Ramchandra Nath Siddh Son of Poos Nath Sidh v. The...

Rajasthan High Court Monthly Digest: January 2022

ANIRUDH VIJAY

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