Rajesh Kumar Gupta v/s. State of Uttar Pradesh
- Ayush Raj, MNLU Nagpur
- November 29, 2020
Content :
Laws are mostly intended to bring about equality and justice in the society especially when we talk of a democratic country. India and Indians have utilised the role of judiciary in a fruitful manner since the nation\'s independence. We have a number of instances where the judiciary has played its active role and has corrected the ambiguity in the acts, rules and notifications of various governments and has benefited the citizens. Writ petitions in particular are a manner in which the citizens via judicial interventions, force the governments to restore their fundamental rights, in case they have been violated by the government. This case is also an example of how a writ petition filed under Article 226 of the Indian constitution in a high court leads to correction and check over some of the vague provisions of the state government of Uttar Pradesh in the procedure of recruitment of assistant teachers in basic schools. This case is an example which displays that the government cannot issue arbitrary provisions just with a claim that it is for the welfare of the citizens as in this case the recruitment rules were changed to fulfill the vacancies. The following case summary starts with a brief introduction about the case then discusses the facts of the case, the procedural history, issues before the honorable High Court of Allahabad, major pleadings, the judgement and lastly ends with the conclusion and suggestions of the author. The legal aspects and concerned acts are also discussed.
