power of the Government exercised under
proviso to clause (3) of Article 320 dispensing consultation with the
PSC for the appointment by Direct recruitment ... made
innumerable representations to the government to exercise their power under
Article 320(3) (proviso) to relax the recruitment rules and to regularise
their Services
K.D. Vohra vs Kamleshbhai Gobarbhai Patel on 11 December, 2002
Equivalent citations: (2003)2GLR1343
Service Commission was not consulted in violation of the provisions of Article 320 (b) of the Constitution of India.
(iii) Employees of the Irrigation Department ... employees in the R. V. P. D. and is violative of Article 311 (2) of the Constitution of India.
(iv) The impugned notifications are violative
required by Article 234 must as it should in my opinion, extend to every one of the matters on which Article 320(3) enjoins consultation ... High Court. Article 233 provides for appointments, postings and promotions of District Judges "in consultation" with the High Court.
Article 320(3) enjoins
from the purview of the Public Service Commission as provided under Article 320 of the Constitution of India, authorising the State Government to make ... were required to be created under Article 315 of the Constitution. Article 320 states the functions to be performed by the Public Service Commission
State service.
12. It was also contended that by virtue of Article 320(3) of the Constitution, since it is within the realm ... regular service.
16. Reliance was also placed on the proviso to Article 320(3) of the Constitution which empowered the State Government to deviate from
Alpa vs State on 7 April, 2010
Author: Ks Jhaveri
Bench: Ks Jhaveri
Gujarat High
Payal vs State on 15 March, 2010
Author: Ks Jhaveri
Bench: Ks Jhaveri
Gujarat High
framed under Article 309 of the Constitution of India and amendment to the Rules of the Commission under Article 320 could not have been said ... exercise of powers conferred by proviso to Clause (3) of Article 320 of the Constitution of India all teaching posts in Government Colleges where approval
graduate Enforcement Checkers were deprived of
promotion; and (iii) as per Article 320(3) of the Constitution of India, the
Meghalaya Public Service Commission ... decided after
consultation with the Public Service Commission as provided under
Article 320(3) of the Constitution of India and also there is no
intelligible
