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1 - 10 of 17 (0.44 seconds)Article 234 in Constitution of India [Constitution]
State Of Bihar & Anr vs Bal Mukund Sah & Ors on 14 March, 2000
15. The petitioners point out that the PSC Procedure Rules were not made
in consultation with the High Court. On the other hand, the Judicial Service
Rules, 2001 which came into effect from 1.7.2000, were made in
consultation with both Commission and the High Court. It is, therefore,
submitted that the Judicial Service Rules alone will regulate and govern the
recruitment of Civil Judges (Junior Division) including examinations and
interviews and the proviso to Rule 51 of PSC Procedure Rules will not apply
to recruitment of Civil Judges. Reliance is placed on the decisions of this
Court in State of Bihar v. Bal Mukund Sah [2000 (4) SCC 640], Union of
India v. Hansoli Devi [2002 (7) SCC 273] and Union of India v. Deoki
Nandan Aggarwal [1992 Supp. 1 SCC 323] in regard to interpretation of the
Rules.
Union Of India (Uoi) And Anr. vs Hansoli Devi And Ors. on 12 September, 2002
15. The petitioners point out that the PSC Procedure Rules were not made
in consultation with the High Court. On the other hand, the Judicial Service
Rules, 2001 which came into effect from 1.7.2000, were made in
consultation with both Commission and the High Court. It is, therefore,
submitted that the Judicial Service Rules alone will regulate and govern the
recruitment of Civil Judges (Junior Division) including examinations and
interviews and the proviso to Rule 51 of PSC Procedure Rules will not apply
to recruitment of Civil Judges. Reliance is placed on the decisions of this
Court in State of Bihar v. Bal Mukund Sah [2000 (4) SCC 640], Union of
India v. Hansoli Devi [2002 (7) SCC 273] and Union of India v. Deoki
Nandan Aggarwal [1992 Supp. 1 SCC 323] in regard to interpretation of the
Rules.
Union Of India And Anr vs Deoki Nandan Aggarwal on 4 September, 1991
15. The petitioners point out that the PSC Procedure Rules were not made
in consultation with the High Court. On the other hand, the Judicial Service
Rules, 2001 which came into effect from 1.7.2000, were made in
consultation with both Commission and the High Court. It is, therefore,
submitted that the Judicial Service Rules alone will regulate and govern the
recruitment of Civil Judges (Junior Division) including examinations and
interviews and the proviso to Rule 51 of PSC Procedure Rules will not apply
to recruitment of Civil Judges. Reliance is placed on the decisions of this
Court in State of Bihar v. Bal Mukund Sah [2000 (4) SCC 640], Union of
India v. Hansoli Devi [2002 (7) SCC 273] and Union of India v. Deoki
Nandan Aggarwal [1992 Supp. 1 SCC 323] in regard to interpretation of the
Rules.
Kamlesh Haribhai Goradia vs Union Of Indian (Uoi) And Anr. on 14 April, 1986
(i) Kamlesh Haribhai Goradia vs. Union of India [1987 (1) Guj.LR
157], upheld by this Court by order dated 11.3.1987 in SLP (C)
No. 14000/1986.
K. Channegowda And Others vs Karnataka Public Service Commission ... on 6 October, 2005
(iii) K. Channegowda vs. Karnataka Public Service Commission
[2005(12) SCC 688).
State Of U.P. And Ors vs Renusagar Power Co. And Others on 28 July, 1988
39. Learned counsel for the Commission also referred to several decisions
in support of its contention that courts will be slow to interfere with matters
affecting policy requiring technical expertise and leave them for decision of
experts. (State of U.P. v. Renusagar Power Co. Ltd. - 1988 (4) SCC 59, Tata
Iron & Steel Co. Ltd. v. Union of India 1996 (9) SCC 709, Federation of
Railway Officers Association v. Union of India 2003 (4) SCC 289). There
can be no doubt about the said principle. But manifest arbitrariness and
irrationality is an exception to the said principle. Therefore, the said
decisions are of no avail.
Tata Iron And Steel Co. Ltd. Etc vs Union Of India And Anr on 23 July, 1996
39. Learned counsel for the Commission also referred to several decisions
in support of its contention that courts will be slow to interfere with matters
affecting policy requiring technical expertise and leave them for decision of
experts. (State of U.P. v. Renusagar Power Co. Ltd. - 1988 (4) SCC 59, Tata
Iron & Steel Co. Ltd. v. Union of India 1996 (9) SCC 709, Federation of
Railway Officers Association v. Union of India 2003 (4) SCC 289). There
can be no doubt about the said principle. But manifest arbitrariness and
irrationality is an exception to the said principle. Therefore, the said
decisions are of no avail.
Federation Of Railway Officers ... vs Union Of India on 13 March, 2003
39. Learned counsel for the Commission also referred to several decisions
in support of its contention that courts will be slow to interfere with matters
affecting policy requiring technical expertise and leave them for decision of
experts. (State of U.P. v. Renusagar Power Co. Ltd. - 1988 (4) SCC 59, Tata
Iron & Steel Co. Ltd. v. Union of India 1996 (9) SCC 709, Federation of
Railway Officers Association v. Union of India 2003 (4) SCC 289). There
can be no doubt about the said principle. But manifest arbitrariness and
irrationality is an exception to the said principle. Therefore, the said
decisions are of no avail.