Article 311 of the Constitution , against any proposed punishment .
In the aforesaid judgment it is also stated that "Chapter II, containing Article 320 does ... Article 311 , therefore, is not, in any way, controlled by the provisions of Chapter II of part XIV with particular reference to Article 320
Article 335. We may peruse
clause (4) of Article 16 and Article 335. They read as
follows :
"16(4)-Nothing in the article shall ... Article
335 pertains to consideration of reservation consistent
with maintenance of efficiency of the administration. As
indicated earlier, clause (4) of Article 320 clearly
provides
must be remembered that the Public Service
Commission is vested under Article 320 of the Constitution,
with the duty and power to conduct examinations ... Services of the Union and the Services of
the States. Article 320 (3) lists out the matters on which
consultation with the Public Service Commission
exercise of power conferred by Proviso to
Clause-3 of Article 320 of the Constitution of India and in supersession of all
previous regulations ... exercising the power conferred by the Proviso to Clause-3 of Article 320 of the
Constitution of India, the State Government has issued a notification
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
action in a court of law inasmuch as the
provision of Article 320(3)(c) of the Constitution of India are not
mandatory in nature ... Patel (supra) in
so far as the interpretation of Article 320(3) (c) is concerned
and, in that context, it has been observed that
must be remembered that the Public Service
Commission is vested under Article 320 of the Constitution,
with the duty and power to conduct examinations ... Services of the Union and the Services of
the States. Article 320 (3) lists out the matters on which
consultation with the Public Service Commission
18303/2017 JUDGMENT
exercise of powers laid down under Article 320 of the
Constitution of India, Gujarat Public Service Commission
('GPSC' for short ... 18303/2017 JUDGMENT
GPSC in exercise of powers laid down under Article 320 of the
Constitution of India and with a view to achieve
Para 11:-
"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
terms of Article 315 of the Constitution of
India. The functions of the Public Service Commission are enlisted in
Article 320 of the Constitution ... India. Article 320 (1) of the
Constitution mandates that the Public Service Commissions should
conduct examinations for appointments to the Services of the State.
Article
