Rajasthan High Court
CLAT Coaching Institutes Feud Over Claiming Mentorship Of Top-Ranker; Rajasthan High Court Stays FIR, Refers Case To Mediation
The Rajasthan High Court has stayed further investigation into a criminal case arising from a dispute between two CLAT coaching institutions over claims of mentoring a top-ranking student. The matter involves a minor girl who secured a high All India Rank (AIR) in the Common Law Admission Test.The First Information Report (FIR) alleged that the student's father attempted to leverage a...
Auction Cancellation Must Be Based On Objective Criteria, Not Post-Facto Subjective Satisfaction: Rajasthan High Court
The Rajasthan High Court held that whether an auction bid was fair or competitive was not a post-facto subjective notion, rather an assessment founded on objective criteria, demonstrable from the auction proceedings themselves and recorded contemporaneously with clarity and specificity.While setting aside unilateral and unreasoned cancellation of auction post acceptance of deposit by the...
Accepted Auction Bid Creates Legitimate Expectation; State Can't Cancel Without Reasons: Rajasthan High Court
The Rajasthan High Court has held that once a bid is accepted at the auction venue, followed by immediate deposit of stipulated amount, the relationship between the State and the bidder progresses beyond mere offer, and a legitimate expectation coupled with the obligation of fairness arises in favour of the bidder. The bench of Justice Farjand Ali thus set aside unilateral cancellation of...
Employee's Reinstatement On Court Order Doesn't Bar Disciplinary Enquiry For Past Misconduct: Rajasthan High Court
The Rajasthan High Court has held that reinstatement of a government employee after consideration of his/her representation based on a court order was not equivalent to condonation of the misconduct, and it did not take away the State's right to initiate disciplinary proceedings against the employee for the same period. The bench of Justice Anand Sharma clarified that unless a specific order...
Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court
The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal,...
Rajasthan High Court Orders Reinstatement Of Constables Dismissed Without Regular Enquiry Over Accused's Escape From Custody
Rajasthan High Court directed reinstatement of three constables, dismissed from service without conduct of regular enquiry under State Civil Services (Classification, Control and Appeal) Rules, after two accused absconded from their custody charged with looting. The bench of Justice Anand Sharma opined that merely the nature of offence committed by the absconded accused could not be a...
State Cannot Exploit Workers By Keeping Them In 'Perpetual Temporariness': Rajasthan High Court Orders Regularisation Of Part-Time Employee
The Rajasthan High Court directed regularization of the petitioner engaged by the State on a part-time basis, who continued uninterrupted services for several years and performed identical duties to that of regularly appointed employees, opining that not being appointed on a sanctioned post could not be a ground to deny benefit of regularization to the petitioner. The bench of Justice...
Addition Of Graver, Non-Bailable Offence During Probe Justifies Cancellation Of Bail Granted By IO: Rajasthan High Court
Rajasthan High Court held that the bail granted by the IO to the accused deserved to be cancelled pursuant to the addition of graver and non-bailable offences during the course of investigation. The bench of Justice Anoop Kumar Dhand upheld the decision of a Special Judge (Dacoity Affected Area) that cancelled the bail of the petitioner after the charge of a non-bailable offence (causing...
Scheduled Areas Can Be Included In Municipal Limits Absent Governor's Exclusion Order: Rajasthan High Court
The Rajasthan High Court has dismissed a bunch of petitions challenging notification issued by the State Government under Section 3 read with Section 329 of the Rajasthan Municipalities Act 2009 (“the Act”), wherein several villages and Gram Panchayat areas that fell under the Scheduled Areas, notified under Para 6(2) of the 5th Schedule, were included in municipal limits. The division...
Section 311 CrPC | Accused Can't Be Denied Cross-Examination Due To Counsel's Illness: Rajasthan High Court
While underscoring the wide amplitude of powers available to Courts under Section 311 CrPC, the Rajasthan High Court has held that an accused cannot be denied the opportunity of cross-examination owing to the counsel's illness and resultant inability to attend the scheduled court date.The bench of Justice Anoop Kumar Dhand was hearing a petition challenging the decision of the trial court...
Different Age Criteria For Contractual And Regular Appointments Unconstitutional: Rajasthan High Court
The Rajasthan High Court has struck down Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (“2022 Rules”) as unconstitutional for being violative of Articles 14 & 16, as it prescribed 21 years as eligibility criteria for contractual recruitment to a post as compared to 18 years prescribed by Rajasthan Medical Health And Subordinate Service Rules, 1965...
Mass Transfer Of Teachers Mid-Academic Session 'Arbitrary', Disturbs Education Ecosystem: Rajasthan High Court
While staying transfer of a Government school principal, Rajasthan High Court held it to be arbitrary and damaging to the education as it was ordered in the middle of the academic session. Justice Ashok Kumar Jain said that such mass transfers in September not only disrupted classes and students' continuity but also reflected the lack of administrative sensitivity towards the school...