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1 - 9 of 9 (0.23 seconds)Article 311 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Raj Pal Sharma And Ors. vs State Of Haryana And Ors. on 10 May, 1985
4. The counsel further emphasized that frequent revisions to the
Recruitment Rules, increasing the educational qualification for promotion
to the post of Insect Collector, are unjust. He cited established legal
principles stating that any amendment with retrospective effect may be
struck down if it causes unreasonable classification, depriving individuals
entitled to benefits under the original rule without legitimate justification.
He referred to the decision of the Hon'ble Supreme Court in Raj Paul v.
State of Haryana (AIR 1985 SC 1263).
State Of Jammu & Kashmir vs A.R. Zakki And Others on 6 December, 1991
15. It is well-established that the creation of promotion avenues is
primarily an executive function. The executive must consider various
factors when framing or amending recruitment rules. Before making
changes to these rules, the government is required to consult all relevant
stakeholders. Courts lack the expertise in such matters, and when the
executive exercises legislative powers through subordinate legislation, the
14 OA No.310/01136 of 2014
courts cannot dictate the manner of its exercise. This principle was
affirmed by the Hon'ble Supreme Court in State of Jammu and Kashmir v.
A.R. Zakki (AIR 1992 SC 1546), as outlined in the excerpt below:
Union Of India vs Pushpa Rani & Ors on 29 July, 2008
16. The Hon'ble Supreme Court, in Union of India v. Pushpa Rani &
Ors., reported in 2008 (9) SCC 242, outlined the limits of judicial review
in matters related to service, with the relevant portions extracted below:
State Of Tamil Nadu & Anr vs P. Krishnamurthy & Ors on 24 March, 2006
17. It is well settled that a supporting legislation can be challenged
under any of the following grounds, as held by the Hon'ble Supreme Court
in Civil Appeals Nos. 5572-5644 of 2005, in the case of State of Tamil
Nadu and another Vs. P. Krishnamurthy and others (2006) 4 SCC 517
"12. There is a presumption in favour of constitutionality or
validity of a sub-ordinate Legislation and the burden is upon
him who attacks it to show that it is invalid. It is also well
recognized that a sub-ordinate legislation can be challenged
under any of the following grounds:-
Article 16 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
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