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Not following laid down norms while creation of posts
22-Jun-2023 (In Civil Law)
Sir,nThe laid down norms by Govt has not been followed by the Department while creation of Posts.Though it is a fact that Court cannot direct Govt or for that matter any organisation for creation of Posts. nCAN COURT DIRECT THE ORGANISATION TO FOLLOW THE LAID DOWN NORMS WHICH HAVE ALREADY BEEN LAID DOWN AND VERY MUCH IN EXISTENCE WHILE CREATION OF POSTS ?
yes if there is a certain procedure ... then it's bound to be followed failing which the whole process can be challenged if laid down procedure not duly followed on the ground of arbitrariness ... more light can be thrown on the subject once it's brought that wat was the procedure and wat was not duly followed
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Adv. Rohit Manan
Delhi | 100+ Answers
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Yea the court can issue such directions and you need to file a writ petition under constitution in the High Court for the same and if norms laid down are not followed for creation of such post and it’s appointment it can be quashed by the court
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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You are absolutely right there. Every entity, whether it is public or private has to follow guidelines laid down by the Hon'ble court and in case of non-compliance of the said norms the violators would be prosecuted. Every competent court has power to direct organisations to follow the norma already laid down.
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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If the Government has notified the criteria for the posts and the manner of creation of posts, and the same is not followed while creating posts, such creation of post can be struck down by Courts. It is for the Government to make appropriate amendments to its policy prior to creation of such posts. Needless to say that such amended policy can also be subject to scrutiny by the Constitutional courts.
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Adv. Anupam Chaudhary
Delhi | 25+ Answers
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