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1 - 10 of 18 (1.24 seconds)Article 16 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
The Dharwad Distt. P.W.D. Literate ... vs State Of Karnataka & Ors. Etc on 23 February, 1990
20.The Decision in Dharwad Distt. P.W.D.
Literate Daily Wage Employees Association and
Ors. v. State of Karnataka and Ors.
State Of Rajasthan & Ors vs Daya Lal & Ors on 13 January, 2011
8. This Court in State of Rajasthan & Ors. v.
Daya Lal & Ors., AIR 2011 SC 1193, has considered
the scope of regularisation of irregular or part-time
appointments in all possible eventualities and laid
down well-settled principles relating to regularisation
and parity in pay relevant in the context of the issues
involved therein. The same are as under:(SCC P.
435,para 12)
“(i) The High Courts, in exercising
power under Article 226 of the Constitution
will not issue directions for regularisation,
absorption or permanent continuance, unless
the employees claiming regularisation had
been appointed in pursuance of a regular
recruitment in accordance with relevant
rules in an open competitive process, against
sanctioned vacant posts. The equality clause
contained in Articles 14 and 16 should be
scrupulously followed and Courts should not
issue a direction for regularisation of
services of an employee which would be
violative of the constitutional scheme. While
something that is irregular for want of
compliance with one of the elements in the
http://www.judis.nic.in process of selection which does not go to the
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root of the process, can be regularised, back
door entries, appointments contrary to the
constitutional scheme and/or appointment of
ineligible candidates cannot be regularised.