CW / 16307 / 2024 (SHAMBOO SINGH VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 12/12/2024 Petitioner assailing the order issued by Distt. Education Officer placing the petitioner under suspension. HELD: Petitioner’s unruly behaviour cannot be tolerated in the name of freedom of expression. Petitioner’s engagement in political activities and his behaviour definitely falls within the scope of misconduct. The petitioner cannot use freedom to garner his fiefdom. To keep the society in order, self-restraint is necessary while respecting self-esteem of others. Petition dismissed
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SAW / 1057 / 2024 (UNION OF INDIA VS JIET MEDICAL COLLEGE AND HOSPITAL) Date of Order/Judgment: 11/12/2024 Appellant appealed against the order passed by the ld. Single Judge allowing the increase of the seats in medical college. HELD:Interim order ought not to have been granted, not inclined to set aside the interim order, since students have paid their fee, admitted, joined & competed about a month of study, but direct the parties to complete their pleadings within 10 days & request the ld Judge to hear the petition within 1 month from the date of completion of pleadings. Appeal disposed
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CRLA / 720 / 2002 (STATE VS RAMDIN AND ANR) Date of Order/Judgment: 05/12/2024 Appellant preferred appeal u/s 378 CrPC laying a challenge to the judgment of acquittal. HELD: Ld. Trial Court had misread the material evidence on record and has adopted a hyper-technical approach in interpreting the testimonies of the witnesses and the docs. The respondents have failed to provide any explanation for the circumstances under which the incident took place. Acquittal of accused - respondents u/s 498-A, 304-B, & 201 IPC is not sustainable. Appeal allowed.
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CW / 19773 / 2024 (SMT. KAMLA DEVI VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 05/12/2024 Whether a daughter of a govt. servant, who becomes a widow/divorcee is entitled to family pension under Rules 66 & 67 of the Rajasthan Civil Services (Pension) Rules, 1996? HELD: Pet. father died on 20.9.2017 & husband subsequently on 20.2.2023. Age of pet. at the time of filing app. was 73 years. She cannot claim that she was dependant on her father for 40 yrs. Circular being completely contrary to the scheme of rules cannot be given any credence. Petition dismissed.
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HC / 467 / 2024 (GORKHA RAM VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 04/12/2024 Petitioner seeks direction upon the state authorities for production of ‘X’ in the Court; aged about 32 years. HELD: No fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly woman when his own sister. The live-in relationship allegedly entered into between the pet. and ‘X’ is void ab initio. Writ court cannot excercise its discretionary powers as the matter would only sanctify immorality in society. Petition dismissed.
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CW / 5744 / 2024 (ANISHA CHANDA D/O KAILASH CHANDRA MEENA VS STATE OF RAJASTHAN) Date of Order/Judgment: 20/12/2024 Petitioners aggrieved of not receiving the question booklet nor any model answer key was published by the respondents in an online exam. HELD: Issuance of model answer key, inviting of objections, constitution of experts committee was not followed in the recruitment process which violated the fundamental rights of the Petitioners. Petitioners are not barred by the principles of acquiescence, estoppel. Probation trainees shall not be bound to refund any amount. Petition disposed.
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CW / 15391 / 2024 (VIJAY KUMAR SHARMA S/O SHRI PRABHUDAYAL VS UNION OF INDIA) Date of Order/Judgment: 19/12/2024 Petitioners assailed constitutional validity of Rule 81 of the Central Motor Vehicle Rules, 1989 levying additional fee of Rs. 50 for each day of delay after expiry of fitness certificate. HELD: Not within the domain of Central Govt. or State Govt. to levy a new fine other than those provided under Chapter XIII of the Act of 1988. Serial No. 11A of Rule 81 of Central Motor Vehicles Rules, 1989 is ultra vires. S. 64(o) r.w. S. 211 of the MV Act 1988 and declared inoperative in law. Pet. allowed
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CRLW / 706 / 2023 (GANGARAM S/O SHRI GULYA MALI VS STATE OF RAJASTHAN) Date of Order/Judgment: 06/12/2024 Whether a prisoner convicted & sentenced for the offence under POCSO Act/S. 376 IPC can be shifted from Jail to Open Air Camp? HELD: There is no exact decision on the legal issue involved rather there are conflicting opinions. Where 2 conflicting views taken by the different Division Benches & Single Benches, this Court has no other option but to refer the matter to a larger bench. Matter be placed before Hon’ble the Chief Justice to answer the aforesaid question, referred by this Court
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CW / 14832 / 2024 (DR. PANKAJ YADAV S/O BHAGWAN SAHAY YADAV VS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL, HEALTH AND FAMILY WELFARE) Date of Order/Judgment: 05/12/2024 Petitioners assailing the validity of final answer key issued by the respondents which resulted in non-consideration of the candidature of the pet. HELD: The resp. has followed the due process of conducting the examination, requesting objections & tendering reasonable justification & have categorically stated the syllabus. The resp. has tendered reasonable justification that the experience of the experts cannot be overlooked, hence, no judicial intervention needed. Petitions dismissed.
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CW / 6911 / 2021 (RAJASTHAN PRASHASANIK SEWA PARISHAD VS UNION OF INDIA) Date of Order/Judgment: 05/12/2024 Petitioner assailing the order passed by Ld. CAT, Jaipur Bench, dismissing the OA. HELD: Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS candidates. Candidates who have been found meritorious will not only lose their chance of selection to IAS but may also become age barred if selection not completed by 31st Dec. Pet. dismissed
