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Insofar as non-resident Indians and foreign students are concerned,the permissible limit would be only 5% of the total intake for a given year as per the direction contained in paragraph 6 of the order dated May 14,1993 as modified by order dated August 18,19932.The admission against these seats shall be made on the basis of merit | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
but it would be open for the management of the institution to adjudge the merit of the candidates having regard to the relevant factors | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The matters be listed for hearing on July 20,1994.Notice be issued to the Attorney General of India and the Advocates General for the States on the questions as reframed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Written submissions (in brief) should be submitted by learned counsel by July 13,1994 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Contempt Petition Nos.65,100 and 126 of 1992 arise out of the judgment of this Court in Keshav Chandra Joshi v | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Union of India' 1990 Indlaw SC 270 in which this Court had directed to determine inter se seniority of the direct recruits and promotee Asstt | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forests,U.P.rendered on November 6,1990.It would appear that at present there are 215 direct recruits and 100 promotee Asstt | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest working in the forest department | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In K.C.Joshi case' it was concluded that the promotees were appointed on ad hoc basis as a stop-gap arrangement in 7ubstantive posts | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Their appointments were dehors the rules | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Until they are appointed by the Governor according to the rules,they do not become the members of the service in a substantive capacity | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Their continuous length of ad hoc service from the date of their initial appointment cannot be counted towards seniority | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The direct recruits were appointed in accordance with Rule 5(a) read with Appendix A of U.P.Forest Service Rules,1952 for short 'the Rules'.Their seniority shall be counted from the date of their discharging duties of the post of Asstt | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest and the seniority of direct recruits shall accordingly be fixed | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Governor was directed to make appointment by promotion to substantive vacancies to the post of Asstt | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest,if not already made,in accordance with Rule 5(b) read with Appendix B and Rule 6 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are informed that till date no appointments in terms thereof have been made | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The seniority of the promotee Asstt | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest shall be counted from the respective dates of appointment to the substantive posts in their quota under Rule 6 of the rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The inter se seniority of the direct recruits and promotees shall be determined in accordance with Rules 5,6 and 24 as per the judgment in K.C.Joshi case'.All the employees are entitled to all consequential benefits | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Later when Raj Narayan Singh and others filed Writ Petition (Civil | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No.641 of 1991,this Court on June 6,1991 directed to convert the writ petition as a contempt case for non-implementation of the direction issued in K.C.Joshi case' which was numbered as Contempt Petition No.164 of 1971.When | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
it came up for hearing on August | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
23,1991,this Court observed thus : "We are told by the counsel for the State of U.P.that for the purpose of working out the seniority draft list has been prepared and was in circulation inviting objections | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The petitioners therein had not filed any objection,despite giving time,but it was directed that the State would consider their cases even if they make any representation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the light of that stand while dismissing the contempt petition,this Court directed the Sate Government to dispose of the matter on the basis of the representation that may be received from the petitioners therein against the draft seniority list within six months from that date | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In these contempt petitions the promotees as well as some of the subsequent direct recruits complain against fixation of their inter se seniority by the State Government | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shri R.K.Garg for the promotees contended that as on August 31,1982 selection of the promotees on regular basis to fill up the posts of Asstt | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservator,Forest for the years 1973-74 to 1979-80 had taken place by a regularly constituted selection committee which selected 140 candidates for appointment | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,they are entitled to the seniority from the respective years | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is also contended that the promotees are entitled,in terms of the judgment in K.C.Joshi case' for appointment by promotion to substantive vacancies within their quota in the respective years and that therefore,their seniority should be counted from the years in which they started discharging their duties as Asstt | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest,as they were initially appointed to the substantive vacancies | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shri Verma appearing for some of the later direct recruits,contended that the direct recruits were appointed to the substantive vacancies as held in K.C.Joshi case' and their seniority was fixed in the judgment from the date on which they started discharging the duties of the post as Asstt | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Treating them to be temporary as shown in the seniority list prepared by the State is in utter contempt of the directions in Joshi case1 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the rejoinder the promotees have stated that as on December 31,1974 a total number of 140 posts of Asstt | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest were available and their quota as per the existing rules was 25 per cent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As on December 1,1980,186 posts,namely,140 and 46 posts created during the period were available | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As per the ratio,the promotees are entitled to 33 1/3,per cent quota | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As on March 11,1985,32 more posts were created and the total posts available were 218.On | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
December 1,1986,40 more posts were created | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,as on March II,1985,the total posts available were | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
258.On March 1,1985,the quota was increased by 50 per cent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The promotees,therefore,are entitled to 50 per cent of the posts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As in the year 1990,72 more posts were created and the total posts are now 330.Therefore,they are entitled to 50 per cent of the quota in the tentative list | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But that was not done | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereby,the action of the State is in defiance of the direction issued by this Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the counter-affidavit filed by the State it is stated that as on December 1,1980 both permanent and temporary posts were 131.As on February 12,1986,203 posts were existing | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The permanent posts are 102 and temporary posts are 173 and the total would come to 275.As per Rules 5 and 24 only permanent posts should be counted as substantive posts and temporary posts cannot be counted for fixation of the seniority | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is further contended that though decision was taken to give 50 per cent quota to the promotees,the statutory rules have not been made | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,they are entitled to only 33 1/3 per cent quota | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Since the seniority,as per the direction of this Court,was made only to substantive posts,some of the direct recruits became temporary direct recruits and the seniority was determined accordingly | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the light of the respective contentions,the question arises whether the determination of the seniority is in accordance with the directions issued by this Court | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the light of the background scenario,we cannot strictly take it to be a case of contempt but in working out the directions issued by this Court,the State Government committed a mistake in law | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have to consider,therefore,whether the procedure adopted by the Sate to determine the inter se seniority is in accordance with the rules and the law laid down in K.C Joshi case | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The directions issued in K.C Joshi case' have already been extracted and their need to reiterate is obviated | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
From the averments it would appear that 100 promotee Asstt | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Conservators,Forest are awaiting appointment to substantive vacancies | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The total number of direct recruits appears to be 215.Prior to December 31,1974,the quota was 75 per cent to the direct recruits and 25 per cent to the promotees | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Similarly as on January 1,1975,the ratio was increased to 33 1/3 per cent,namely,66 2/3 per cent to the direct recruits and 33 1/3 per cent to the promotees | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indisputably a decision was taken on March 1,1975 to increase the quota to 50 per cent but no amendment to the statutory rules to give effect to it was made | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,the operative rule as on that date appears to be 33 1/3 per cent in respect of promotees | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,the procedure to be adopted by the State in fixing the inter se seniority of the direct recruits and the promotees in their respective quota is the sole question | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no rota prescribed in the rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,the State is enjoined to implement the judgment of this Court in the light of the statutory rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is clear from the counter-affidavit filed by the State that the posts are both permanent and temporary | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the temporary posts are likely to continue for long,normally,as per the law laid down by this Court,they be treated,for the purpose of counting seniority,as permanent posts unless they are likely to be abolished | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is a policy matter | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,the State has to determine whether the posts are likely to be made permanent or abolished | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the event of converting them as permanent under Rule 24,the quota prescribed in Rule 6 would be applied to substantive posts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The seniority shall be determined in accordance with the quota rule to the posts available in the respective years in which the vacancies had arisen otherwise existing substantive posts should be filled up applying Rule 6.It is,therefore,incumbent upon the State Government to find out how many vacancies were existing in the year 1974-75 and thereafter every year and to determine as to how the respective posts stood reserved for the direct recruits and promotees in accordance with the quota | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On so determining,the direct recruits would go en block as seniors to the promotees and the promotee officers in the order of their inter se seniority be appointed by the Governor under Rule 5(b) read with Rule 6 and would be placed below the direct recruits | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Similar exercise for each year in which the substantive vacancies had arisen should be done | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The officers,he they direct recruits or promotees would rank below the juniormost officer in the list of the previous year | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After this exercise is exhausted; appointments should be made; posts are to be filled up to substantive vacancies | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It would be open to the State Government to fix tentatively the inter se seniority in the temporary posts according to the ratio between the direct recruits and the promotees in the same manner of filling the substantive posts as indicated above | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As and when the temporary posts are converted either into permanent posts or the vacancies arise due to superannuation of the senior officers,they should be fixed in the respective vacancies and fitment made | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After exhausting the exercise the remaining candidates awaiting appointment would continue to be temporary until they get due placement or fixation of their seniority | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These directions would meet the exigencies | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State Government is directed to undertake fresh exercise in the light of the above directions and complete the same within a period of four months from the date of the receipt of the order | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The contempt petitions are accordingly disposed of | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Petition disposed of | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was just the other day that our brothers Ranganath Misra and M.M. Dutt, JJ. had to give directions in a case (Vincent Panikurbangara v. Union of India) where a public spirited litigant had complained about the unscrupulous exploitation of the Indian Drug and Pharmaceutical Market by multinational Corporations by putting in circulation low-quality and even deleterious drugs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this group of cases we are faced with a different problem of alleged exploitation by big manufacturers of bulk drugs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The problem is that of high prices, bearing, it is said, little relation to the cost of production to the manufacturers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By way of illustration, we may straightaway mention a glaring instance of such high-pricing which was brought to our notice at the very commencement of the hearing | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Barlagan Ketone', a bulk drug, was not treated as an essential bulk drug under the Drugs (prices Control | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Order, 1970 and was not included in the schedule to that order | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A manufacturer was, under the provisions of that Order, free to continue to sell the drug at the price reported by him to the Central Government at the time of the commencement of the order, but was under an obligation not to increase the price without the prior approval of the Central Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The price which the manufacturer of Barlagan Kotone, reported to the Central Government in 1971 was Rs.24,735.68 per Kg | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After the 1979 Drugs (prices Control | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Order came into force, the distinction between essential and non-essential bulk drugs was abolished and a maximum price had to be fixed for Barlagan Ketone also like other bulk drugs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The manufacturer applied for fixation of price at Rs.8,500 per Kg | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Government, however, fixed the price at Rs.1,810 per Kg | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the moment, ignoring the price fixed by the Government, we see that the price of Rs.24,735 per Kg | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
at which the manufacturer was previously selling the drug and at which he continues to market the drug to this day because of the quashing of the order fixing the price by the High Court, is so unconsciously high even compared with the price claimed by himself that it appears to justify the charge that some manufacturers do indulge in 'profiteering | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Profiteering, by itself, is evil | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Profiteering in the scarce resources of the community, much needed life-sustaining food-stuffs and lifesaving drugs is diabolic | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is a menance which had to be lettered and curbed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
One of the principal objectives of the Essential Commodities Act, 1955 is precisely that | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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