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april 2019

Supreme Court of India · 2019-04-30

THE STATE OF RAJASTHAN vs NEMI CHAND MAHELA .

Citation / case number
SC 2008/16230
Court
Supreme Court of India
Petitioner
THE STATE OF RAJASTHAN
Respondent
NEMI CHAND MAHELA .
Author
HON'BLE MR. JUSTICE DEEPAK GUPTA
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DEEPAK GUPTA

Judgment text excerpt

The Supreme Court addressed the conflicting interpretations of prospective overruling as established in Kailash Chand Sharma v. State of Rajasthan, emphasizing that any weightage in public employment based on residence is unconstitutional. The Court upheld the Full Bench's decision, which struck down the award of bonus marks for candidates in the Rajasthan Primary School Teachers' recruitment. The Court clarified that previous appointments made under the unconstitutional circular would not be affected, ensuring the decision has prospective application only.

THE STATE OF RAJASTHAN vs NEMI CHAND MAHELA . · Niyam