Vinit Yadav vs State Of Rajasthan
2021 Latest Caselaw 18601 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Civil Writ Petition No. 17034/2021

Vinit Yadav

----Petitioner Versus State Of Rajasthan & Ors.

----Respondent

For Petitioner(s) : Mr. Lokesh Mathur.

For Respondent(s) : -

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

/ Order

07/12/2021

Learned counsel Shri Lokesh Mathur places reliance on the

Supreme Court Judgment rendered in the case of Chebrolu Leela

Prasad Rao & Ors. vs. State of A.P. & Ors., reported in AIR

Online 2020 SC 488 and urges that Hon'ble the Governor has no

power to introduce a new facet in the law as it exists, by

exercising powers under Section 244(1) of the Constitution of

India. Based on this submission, Shri Mathur urges that the

notification dated 04.07.2016 whereby, the definition of bonafide

resident of the TSP areas has been stipulated by way of an

explanation, is beyond the domain of Hon'ble the Governor. He

thus urges that the notification dated 04.07.2016 (Annexur-12) is

ultra vires the Constitution of India and thus, the same deserves

to be struck down.

The matter requires consideration.

Issue notice to the respondents returnable on 05.01.2022.

(2 of 2) [CW-17034/2021]

It is made clear that the recruitment process in question

shall remain subject to the outcome of the writ petition.

(SAMEER JAIN),J (SANDEEP MEHTA),J

51-Tikam/-

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