BALDEV RAM AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-1981-8-32
HIGH COURT OF RAJASTHAN
Decided on August 13,1981

BALDEV RAM Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) "Durante bene Desito" (during desire). Whether reincarnation of "Durante bene Placito" (during pleasure).
(2.) The doctrine of His Majesty's Pleasure whether replaced by Doctrine of Minister or Legislator's desire 2A. Is it old wine in new bottle "During desire" in matter of mass transfers of teachers in Rajasthan in 1980 is under fire in these 13 writ petitions, where IIIrd grade teachers have challenged their transfers outside their districts on manyfold grounds including serious allegation of mala fides against the Education Ministry and some of the members of the Legislative Assembly.
(3.) The preamble of the Constitution proclaims "equal opportunity" to citizens, followed by Part III of the Constitution having Art. 14, 15 and 16 smashes the doctrine of the King's pleasure and establishes rule of law. The violations, breach, flagrant disregard and clear contravention of rule of law have resulted in manyfold challenges by the citizens and this court as 'watch-dog' of the Constitution and the rights of citizens, has never hesitated in striking it down, as discussed by me in the recent decision of Dr. (Mrs.) Rukmani Vaish v. State of Rajasthan, 1982 LabIC 11decided on 31-7-81 : .;


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