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1 - 6 of 6 (0.43 seconds)Article 16 in Constitution of India [Constitution]
State Of Bihar vs Upendra Narayan Singh & Ors on 20 March, 2009
Apart from this, the Supreme Court in the
case of State of Bihar Vs. Upendra Narayan Singh and others 2009(5)
SCC 65 has held" that any regular appointment made on a post
under the State or Union without issuing advertisement, inviting
applications from eligible candidates and without holding a proper
selection where all eligible persons get a fair chance to compete is
in violation of guarantee enshrined under Article 226 of the
Constitution. Ad hoc/temporary/daily wage employees are not
entitled to claim regularisation in service as a matter of right. If
an illegality or irregularity has been committed in favour of any
individual or a group of individuals or a wrong order has been
passed by a judicial forum, others cannot invoke the jurisdiction
of the higher or superior Court for repeating or multiplying the
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same irregularity or illegality or for passing wrong order.
Ghulam Rasool Lone vs State Of J & K & Ors on 16 July, 2009
The fact that some other employees in other districts are
continuing will not attract the equality clause in view of the clear law laid
down by the Supreme Court quoted herein above.
Article 226 in Constitution of India [Constitution]
Dharam Veer And Ors. vs State Of U.P. And Ors. [Alongwith Civil ... on 27 April, 1998
The contention of the petitioners that they have been
appointed by the District Judge on adhoc basis cannot be accepted
inasmuch as the District Judge cannot exercise a discretion bereft of any
procedure conforming to Articles 14 and 16 of the Constitution of India.
There is nothing on record to indicate that any reasonable procedure was
employed for appointing the petitioners and as such the claim of the
petitioners cannot be accepted. This aspect had been dealt with in the
judgment of the learned Single Judge in the case of Veer Pal Singh
(supra) decided on 27.11.2009.
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