appellants figured was required to last till exhausted particularly since the vacancies existed. Emphasis was laid by Mr. Tarkunde on the discrimination which resulted ... arose. However, the panel was not co-related either to the existing vacancies when the panel was prepared or even to the anticipated vacancies
some districts
and the number of existing vacancies. State had contended
that only one regular vacancy existed when according to the
petitioners, there were ... teachers who were eligible to
be appointed against those vacancies and in case vacancies
did exist as on January 1, 1992 the teachers so appointed
State of Rajasthan v. R. Dayal 35, selection for 9 existing vacancies
which were to be filled by the Rajasthan Service of Engineers (Building ... High Court, this Court observed that the
vacancies had to be filled as per the vacancies that existed prior to the
amendment of the rules
vacancy exists in the post for
which the application had been made. But in the case in
hand there did not exist any vacancy ... more branches and consequential creation of
vacancies but infact no such branch has been opened and no
vacancy exists. Mr. Mehta lastly submitted that under
permanent strength of the service.
Provided further that all the permanent
vacancies existing on May 10, 1974 plus 31
temporary posts existing on that date ... substantive vacancies does not mean permanent
vacancies whereas on the other hand it was
contended that if only means permanent vacancies.
The substantive vacancy
Section 147 in The Representation of the People Act, 1951
147. Casual vacancies in the Council of States.—
(1) When before the expiration ... Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam
learned Counsel for the petitioner that since the
law requires the vacancies existing on the date of amendment of the Rules have ... making the
promotion, against the existing vacancies. In such a case, all the vacancies,
including the vacancies which existed on the date of amendment
issuing advertisement for
only 50 posts, when there were 100 existing vacancies in the
Delhi Judicial Service. The petitioners accordingly have been
denied their chance ... Rakhi Ray, the Court was concerned with
anticipated vacancies whereas in the present case
vacancies existed even on the date of
advertisement
permanent vacancies and
temporary vacancies except those of short
duration shall be treated as substantive
vacancies.
(2) Leave vacancies and vacancies of
less than 6 months ... provide that all permanent vacancies
and temporary vacancies except those of short
duration shall be treated as substantive
vacancies. Note (3) specifically provides that
number of vacancies and
anticipated vacancies for the next one year. Thus, the vacancies
notified for any selection year are the vacancies existing ... vacancies which
arise beyond 31 December 2019 (the recruitment year in question) are actually in
excess of the notified vacancies for 2019. Vacancies which exist