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1 - 10 of 19 (0.30 seconds)Article 226 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
State Of Karnataka And Anr vs H. Ganesh Kamath Etc. Etc on 31 March, 1983
(1979)IILL J209SC on the other, which has been brought
out in one of the judgments under appeal of Karnataka
High Court in State of Karnataka v. H. Ganesh Rao
decided on 1.6.2000, reported in2001 (4) KLJ 466,
learned Additional Solicitor General urged that the
scheme for regularization is repugnant to Articles 16(4),
309, 320 and 335 of the Constitution of India and,
therefore, these cases are required to be heard by a
Bench of Five learned Judges (Constitution Bench).
State Of Punjab vs Jagdip Singh & Ors on 19 September, 1963
In this context,we have also to bear in mind the
exposition of law by a Constitution Bench in Stateof Punjab
v. Jagdip Singh and Ors. MANU/SC/0273/1963 :
2Ec.To Govt.,School Education ... vs Thiru R.Govindaswamy & Ors on 21 February, 2014
7. The legal principles settled by the Constitution Bench were
reiterated by the two Judges Bench of the Honourable Supreme Court of India,
in the case of Secretary to Government, School Education Department,
Chennai vs. R.Govindasamy, reported in (2014) 4 SCC 769, and the
relevant paragraphs are extracted hereunder:
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
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with one of the elements in the process of selection
which does not go to the 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.