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The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.
“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”
The petition was filed by a transgender individual who had successfully cleared the Teachers’ Eligibility Test (TET) in both 2014 and 2022 but was not called for counseling or interview challenging discriminatory exclusion from the selection process despite meeting the eligibility criteria prompted the petitioner to seek justice through legal recourse.
Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.
“Every service in the public employment unless forbidden by law is transferable.”
Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process
Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and
“…that greater weightage is desirable to be given to the objective part of the assessment since the Indian psyche is such that the subjective part of the assessment, more often than not, is tainted, influenced or guided by nepotism or the usual uncle culture or even more disagreeable extraneous considerations.”
Supreme Court: In a case where some candidates who had applied for the post of Helper/trainee with Tamil Nadu Generation and Distribution
Jharkhand High Court: A Full Bench of H.C. Mishra, Shree Chandrashekhar and Deepak Roshan JJ., while deciding on the validity of the