Service -- Appointment of Vice Chancellor of University - Appointment of appellant was made by Search-cum-Selection Committee which was not constituted as per relevant UGC Regulations - However, appellant was found meritorious and was duly selected by Search-cum-Selection Committee with due regard to his qualifications and credentials and he has continuously and without..........
Service -- Regularization - Contractual employee - An employee who has satisfactorily discharged his duties over several years and has been granted repeated extensions cannot overnight be treated as surplus or undesirable...........
Service -- Regularization - Contractual employee - State having availed of appellants services on sanctioned posts for over a decade pursuant to a due process of selection and having consistently acknowledged their satisfactory performance, cannot in the absence of cogent reasons or a speaking decision abruptly discontinue such engagement by taking refuge behind formal..........
Service -- Termination - Oral termination of appellant without holding any inquiry and thereafter transferring appellant to a far off place not warranted - However, since appellant had worked for twelve years in a Trust continuously, uninterruptedly and without any blemish, entire issue can be laid to rest by directing Trust to pay a lump sum compensation of Rs.12 lakhs...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
Service -- Recruitment - Judicial review - Power of judicial review in matters of recruitment is limited to examining legislative competence, arbitrariness or violation of fundamental rights, if any - Courts cannot rewrite service rules, determine equivalence of qualifications or substitute their own assessment for that of employer...........
Service -- Recruitment - Judicial review - Scope of judicial review in matters of public employment does not extend to questioning State's wisdom or policy in prescribing minimum eligibility requirements for a public post - Qualifications are prescribed keeping in view the needs and interests of an institution, an industry or an establishment, as the case may be...........
Service -- Recruitment - Judicial review - Equivalence of a qualification is not a matter which can be determined in exercise of power of judicial review - Whether a particular qualification should or should not be regarded as equivalent is a matter for State as the recruiting authority to determine - Assessment of expediency, advisability or utility of such prescription..........
Service -- Recruitment of pharmacist - Minimum qualification - Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational - There is no absolute exclusion of graduate or postgraduate degree holders - They remain eligible, provided they possess essential qualification of Diploma in Pharmacy - No..........
