stating that another person would be appointed instead and that the preferential right under this rule would be forfeited if not exercised within another ... clear days. If nothing is heard during that time also, the preferential right under this rule will be regarded as forfeited
State Of Gujarat And Anr. vs K.A. Patel And Ors. on 22 November, 1972
trade of Lineman from
PSPCL/PSTCL or erstwhile PSEB have a preferential right. Counsel
asserts that the occasion to grant benefit of such preference would ... equal in merit. The authorities
have misconstrued the 'doctrine of preferential right' by interpreting
the preferential clause to mean as if the candidates
department utilizing their services
.
or in the alternative claim preferential right of consideration for the post
by making necessary amendments in the recruitment rules, that ... than five years and;
(iii) That in alternative, the petitioners had preferential right of being
appointed and, therefore, the provision to this effect ought
Constitution, the law
recognized a custom by which there was a preferential right to the office
in the members of a particular family. The real ... filled by
persons belonging to a particular family. They had a preferential right to
be appointed to those posts if they possessed the prescribed
qualifications
employed or appointed to any office under the State. Thus, any preferential right to appointment to the children or wards of certain section of employees ... preference. The circular is, thus, one which has conferred a preferential right to appointment to the dependents of a deceased employee who died in harness
absolute right, it is only a preference. That preference cannot be equated to a right accrued. That can only be a right to preference ... right of preference is to be exercised. The occasion for exercising that right arises only on the date of occurrence of vacancy. Therefore the preferential
inmates of the class which is to be given preferential right and it certainly does not mean an automatic appointment without considering the cases ... other candidates. Therefore, even if the rules provide for preferential right, candidates having such subjects would have preferential right only when they compete with other
advertisement Annexure P-7
claiming that she has got preferential right on the basis of her length of
service and on the basis ... approached this Court on
the ground that she has got a preferential right to be selected for the post of
Assistant Professor/ Lecturer in English
seniority as
also their interse merit, the petitioners were entitled to preferential right of
consideration for promotion to the posts of Junior Assistants, be that ... bestowing superior benefit upon the
respondent No. 5 while ignoring the preferential rights of the petitioners. The
order impugned is thus infested with grave
