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Sekarreporter Today law points 3.02.2021, K. Selvaraj, MHC Advocate: Earlier, the inclusion of an Act in 9th Schedule validates it with retrospective effect from the date of its enactment, irrespective of its inconsistency with any fundamental right. Acts added to the 9th Schedule on or after 24.4.1973 will not receive the protection of Article 31B. They will be valid only if they do not damage or destroy the basic structure of the Constitution. (1981) 2 SCC 362 Wamana Rao -vs- UOI (2007) 2 SCC 1 I.R. Coelho -vs- State of Tamil Nadu
by Sekar Reporter · Published February 3, 2021
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pb balaji full order wp allowed adv m ravi proya ravi This Court is of the view that therefore, on an overall assessment of the peculiar facts and circumstances of the case, the impugned order is liable to be set aside. The matter also is not one that requires reconsideration by way of remand to the authority for the subjective satisfaction regarding acquittal since this Court has called for the original records and satisfied itself with regard to the claims of the petitioner, especially his original name B.Vijay. Further, the additional factor that the criminal case also ended in acquittal and in all other aspects, the petitioner is found fit and qualified and eligible for the post, this Court therefore sets aside the impugned order Na.Ka.No.A4/333/TSP/2017-6 dated 09.10.2017 of the 4th respondent and direct the respondents to appoint the petitioner as Police Constable Grade – II, subject to available vacancy. In the event of there being no vacancy, the petitioner shall be given first preference as and when vacancy arises for the said post and the respondents shall take earnest steps to absorb the petitioner without any delay. This Court also makes it clear that this order is passed only in the peculiar facts involved in the present case and this order shall not be cited as a precedent in other cases. With the above observations, the Writ Petition is allowed. No costs. 23.06.2023. Internet:Yes Index:Yes/No Speaking order Neutral Citation:Yes/No kpr To 1.The Principal Secretary to Government Government of Tamil Nadu Home (Police) Department Chennai-9 2.The Member-Secretary Tamil Nadu Uniformed Services Recruitment Board, Chennai-8 3.The Director General of Police Tamil Nadu, Chennai-4 4. The Superintendent of Police Cuddalore District, Cuddalore P.B.BALAJI, J., kpr Pre-delivery order in W.P.No.20781 of 2018 23.06.2023
by Sekar Reporter · Published July 11, 2023
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