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october 2016

Supreme Court of India · 2016-10-21

STATE OF J & K vs VICHAR KRANTI INTERNATIONAL

Citation / case number
SC 2012/15041
Court
Supreme Court of India
Petitioner
STATE OF J & K
Respondent
VICHAR KRANTI INTERNATIONAL
Author
Dr D Y CHANDRACHUD
Bench
T.S. THAKUR,A.M. KHANWILKAR,D.Y. CHANDRACHUD

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the circular dated 11 August 2005 issued by the Government of Jammu and Kashmir, which restricted government teachers from engaging in private tutoring without permission. The Court found that Rule 10 of the Jammu and Kashmir Government Employees (Conduct) Rules 1971 does not authorize such general prohibitions and can only be invoked in exceptional circumstances. The Court affirmed the High Court's ruling that the circular was arbitrary and unconstitutional, thereby reinforcing the principle that government employees cannot be unduly restricted in their professional engagements without proper legal basis.

STATE OF J & K vs VICHAR KRANTI INTERNATIONAL · Niyam