Bhatt v. Union of India AIR 1962 SC 1344 that Article 320(3)(c) of the Constitution, which provides that the Public Service Commission shall ... civil posts, which is provided in Sub-clause (a) of Article 320 (3) , as well as to matters dealt with in the| ether Sub-clauses
Court found that the nature of
consultation in Article 234 is as envisaged in Article 320 of the Constitution. As
per Article 320 ... consultation with the PSC envisaged in Article 234 is akin to the
provisions contained in Article 320(3)(b) as held in Balmukund
that the Public Service Commission is required to be consulted under Article 320 of the Constitution in the matter of appointment to public services ... Public Service Commission in exercise of its powers under Article 320 of the Constitution. The Public Service Commission under Article 320 is required
reads as
follows :
"11. An examination of the terms of Article 320
shows that the word "shall" appears in almost every
paragraph ... every clause or sub-clause of that
article. If it were held that the provisions of Article
320 (3) (c) are mandatory in terms
finalizing the select list. In
exercise of its power under Article 320(3) of the
WA.426/16 & con. cases
13
Constitution ... Court by holding thus:
"4. Proviso to clause (3) of Article 320 confers
power on the Government as respects services and
posts in connection
duties and functions of the Commission have been laid down in Article 320 of the Constitution of India, that is, to conduct selection for appointment ... made by the State Government in exercise of the statutory powers. Article 320 of the Constitution of India deals with the functions of the Public
context that we have to relief to Articles 14 and 16 of the Constitution as also Article 320 of the Constitution. Article ... rule of equal opportunity envisaged under Article l6(1) of the Constitution and the provisions of Article 320 which enables the Public Service Commission
formulated in terms of the
power conferred upon the PSC under Article 320 of the
Constitution of India. The Commission adds that, though ... suitable candidates for appointment to the anticipated vacancies.
By virtue of Article 320 of the Constitution of India, it is the duty
Learned senior counsel appearing for the petitioners
referred to Articles 320 and 321 of the Constitution of India and the
Additional Functions Act as well ... State of Kerala and others (2009 (4) KHC 52).
6. Article 320 of the Constitution of India provides for functions
of the Public Service Commission
cited across the Bar by both the sides; with reference to Article
320 of the Constitution of India and other relevant provisions of
law. Verdicts ... other sub clauses of the
Article as well; where the word `shall' appears, as it appears
under Article 320(3)(c). The Court observed