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K.D. Vohra vs Kamleshbhai Gobarbhai Patel on 11 December, 2002 Equivalent citations: (2003)2GLR1343

required to be consulted, as provided by Clause (3) of Article 320 of the Constitution, unless such consultation is dispensed with by a regulation made ... tendered by the PSC, when consulted, obligatory renders the provision of Article 320(3) directory, and not mandatory, but that does not amount to saying

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

GPSC even if was to be consulted in accordance with Article 320 of the Constitution of India, then too, the Public Service Commission could ... powers conferred by the proviso to clause (3) of Article 320 of the Constitution of India, the Governor of Gujarat has made the regulations called

provision for consultation of the Public Service Commission under Article 320(3)(c) of the Constitution of India where the question arose whether that provision ... Article 311 therefore is not in any way controlled by the provisions of chap. II of part XIV with particular reference to Article 320

specifically violates Article 320(1) and the provisions of Sub.Article (3) of Article 320 enables the power to the President or the Governor ... granting exemption in respect of the matters specified in Sub-Article (3) of Article 320 only but the requirement for conducting of examination for appointment

consultation of the Gujarat Public Service Commission. Clause (3) of Article 320 , Constitution of India, requires the consultation of the Public Service Commission ... such appointments, promotions or transfers. Proviso to Clause (3) of Article 320 the Constitution of India, empowers the Governor to make regulations specifying the matters

supra)   as  under:­ "11.6 The  Rules  made under the proviso  to   Article   309   regulating   the   recruitment  and   conditions   of   services     of   persons  appointed ... unless under a regulation  made   under   proviso   to   clause   (3)     of  Article     320 ,     such   consultation   is     not  necessary.       It   would, therefore, follow  that   there

Government did not consult the Public Service Commission as required by Article 320 of the Constitution. But, their Lordships of the Supreme Court have decided ... nature of a rider or proviso to Article 311 , it is not possible to construe Article 320(3)(c) in the sense of affording