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Madras High Court Allows State's Writ Appeal and Sets Aside Direction for Grant of Promotion in Highways Department. Court Holds that Promotion Is Not a Vested Right But Consideration Is Fundamental; Directs Department to Verify Eligibility and Adhere to 3:1 Quota Ratio (Paras 6-11).

The case concerned a writ appeal filed by the State of Tamil Nadu against a single judge's order directing the promotion of a diploma holder Junior En...

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Bombay High Court Reconsiders Seniority Bypass in Principal Appointments at Minority Institution Following Supreme Court Remand. The Court Examines Whether Appointments Under Goa School Education Rules, 1986 Were in Breach of Rules 74 and 86, Balancing Minority Rights Under Article 30.

(1) Background: The petitioner, a teacher in a higher secondary school run by the Diocesan Society (a minority educational institution receiving gover...

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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Supreme Court Upholds Compulsory Retirement of Judicial Officer Based on Overall Service Record and Adverse Entry. Single Censure Entry for Judicial Error Can Justify Compulsory Retirement Under Rule 56(C) of U.P. Fundamental Rules.

The appellant, Ram Murti Yadav, a judicial officer of the rank of Additional District and Sessions Judge, challenged his compulsory retirement at the ...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Plumber in Health Department — No Right to Appointment Despite Higher Marks in Written Test. Selection Process Included Interview and Assessment of Overall Suitability, and Petitioner Could Not Demonstrate Arbitrariness in Selection.

The petitioner, Subham Suresh Misale, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 9th ...

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Bombay High Court Dismisses Petitioners' Writ Seeking Transfer from Unaided to Aided Wing in Minority Polytechnic College. No legal right to transfer exists as appointments were in unaided posts and no vacancy in aided wing.

The petitioners, Syeda Shahana Firdaus and Zameerudding Farooqui, filed a writ petition under Article 226 of the Constitution of India before the Bomb...

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Bombay High Court Dismisses State's Challenge to Tribunal Order Quashing Reservation Promotion Rule. Rule 3 of Maharashtra Public Services (Reservation) Rules, 2017 Held Ultra Vires for Non-Compliance with Article 16(4A) Conditions.

The State of Maharashtra, through its Secretary, Higher and Technical Education Department, and the Director, Higher Education, filed two writ petitio...