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Documents citing State Of Punjab vs Madan Singh And Ors. on 19 April, 1972

State Of Rajasthan And Ors. vs J.N.V. University And Ors. on 11 December, 2003

7. The Apex Court in State of Punjab v. Madan Singh (4), has held that when the Court exercising power under Article 226 of the Constitution comes to the conclusion that delay made by a party in a given case is not fatal, the appellate court would be reluctant to interfere with the decision. We do not find any justified reason to disturb the finding recorded by the learned Single Judge refusing to non-suit the third respondent on the ground of laches.
Rajasthan High Court - Jaipur Cites 11 - Cited by 2 - N N Mathur - Full Document

University Of Kerala vs Sreejith on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2023 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document

University Of Kerala vs Sreenath S on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2020 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document

Vinod V vs University Of Kerala on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2020 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document

Ajini Karan vs University Of Kerala on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2020 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document

Vinod V vs University Of Kerala on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2020 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document

University Of Kerala vs Ajini Karan on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2020 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document

University Of Kerala vs Lyn James on 21 March, 2024

In Madan Singh (Supra), the executive instructions issued by the Government concerned, prescribing departmental test as a condition precedent for considering the promotion of Clerks to the post of Assistants was challenged. As per the Rules applicable to the appellant therein, any one could be appointed as an Assistant if he possessed sufficient experience of the Rules and Regulations and was capable of putting up "intelligent notes and drafts". Under the Rules, no Clerk had to pass an examination or a test for being considered for promotion as Assistant. Matters being so, an office order was passed prescribing a test for those who were working as Senior Clerks and those who were officiating as Assistants in order to guide the making of the promotions to the post of Assistants. The office order stated that the officials who refused to take the test or failed to qualify in it, would not be deemed eligible for promotion. The Apex Court held that executive instructions/orders issued by the Government are void as they amounted to an 61 Writ Appeal No.1266 of 2020 & conn.cases alteration of the Rules prescribed under Section 241 of the Government of India Act.
Kerala High Court Cites 11 - Cited by 0 - A Rawal - Full Document
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