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1 - 10 of 12 (0.35 seconds)Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Priyadarshini Education Trust Through ... vs Ratis (Rafia) Bano D/O Abdul Rasheed on 16 August, 2007
Priyadarshini Educational Trust vs. Ratis Bano - 2007 (6) Mh.L.J.
667 meets the arguments advanced before me succinctly and
precisely. I find its reproduction sufficient to rebut the similar
arguments before me. Division Bench in para 11 states:-
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 2 in The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 [Entire Act]
Post Master General, Kolkata & Ors vs Tutu Das (Dutta) on 2 May, 2007
Somvir Singh, ((2006) 5 SCC 493) and Post Master General,
Kolkata and Ors. v. Tutu Das (Dutta), ((2007) 5 SCC 317) to
conclude that if the essential educational qualification for
recruitment to a post is not satisfied, ordinarily the same cannot
be condoned. An appointment which is contrary to the
statute/statutory rules would be void in law.
The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
Raghunath Rai Bareja And Another vs Punjab National Bank And Others on 6 December, 2006
Adv. Upasani has relied upon Raghunath Rai Bareja vs. Punjab
National Bank reported at 2007(3) Mh.L.J. 83 (SC) where it is
declared that Court has to administer justice according to law
and considerations of fair play & equity, though important must
yield to clear and express provisions of law. Such unambiguous
provision of law can not be interpreted in different manner, only
because of harsh consequences arising therefrom. Statement of
objects of 1977 Act shows that earlier service conditions of
employees like petitioners were determined by the executive
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orders of State Government. For the first time an enactment in
the shape of 1977 Act has been brought into force for that
purpose & to regulate their recruitment & employment. 1977 Act
& 1981 Rules came into force for the first time from 16/7/1981.