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Bombay High Court Dismisses Writ Petition Seeking Mandamus for Transfer from Partially Aided to Fully Aided Post in Private School. No Statutory Right to Transfer Exists; Management Has Prerogative to Fill Vacant Post by Direct Recruitment, Promotion, or Transfer Under MEPS Rules.

The petitioner, Bhaurao Shankar Potalkar, was appointed as an Assistant Teacher on an unaided post in the respondent No. 5 Higher Secondary School on ...

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Supreme Court Dismisses State's Appeals in Service Law Dispute Over Employee Seniority and Promotion. The Court upheld the High Court's direction to consider the employee's seniority from his promotion date in the original authority, finding the State's revisions arbitrary under service rules.

The dispute arose from the seniority and promotion claims of the first respondent, who was appointed as Sub-Engineer in Special Area Development Autho...

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Bombay High Court Allows Tool Checkers' Merger with Retrospective Effect in Service Law Dispute. Central Administrative Tribunal's direction for prospective merger of cadres set aside, holding that merger must be effective from 25th June 1985.

The judgment concerns four writ petitions filed by employees of the Union of India, primarily Tool Checkers, challenging the order of the Central Admi...

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Supreme Court Examines Validity of Uttar Pradesh Reservation in Promotion Rules Under Articles 16(4A) and 16(4B) of Constitution. Conflicting High Court Decisions on Requirement of Quantifiable Data for Backwardness and Inadequacy of Representation Lead to Appeals.

The case originated from a batch of civil appeals preferred by the U.P. Power Corporation Ltd. and the State of Uttar Pradesh challenging conflicting ...

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Bombay High Court Holds Amendment Extending Period for Acquisition of Reserved Land Under Section 127(1) of MRTP Act Applies to Notices Served Before Amendment — Landowner's Right to Deemed Lapse Not Affected Retrospectively.

The case involves a reference to a Full Bench of the Bombay High Court arising from a writ petition concerning the interpretation of Section 127(1) of...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...