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1 - 9 of 9 (0.40 seconds)Article 226 in Constitution of India [Constitution]
Section 4 in Patna University Act, 1976 [Entire Act]
Rural And Urban Development And ... vs State Of U.P. & 2 Others on 22 September, 2015
23. The importance of the task to be performed by the Commission and the overwhelming public interest involved in due observance of the cause can hardly be overemphasized. We are pained to observe the casual manner in which such important public offices are being filled by the State. We further record that there was no material before the State Government to form an opinion, that the respondent no.4 satisfies the requirement of section 4(2)(c) of the Act of 1982, as explained by the Division Bench of this Court in the case of Gorakhpur University (supra) and Rural & Urban Development and Research Association (supra).
Article 16 in Constitution of India [Constitution]
M/S Delhi Airtech Services Pvt. ... vs State Of U.P. & Anr on 18 August, 2011
14. A Division Bench of this Court in Public Interest Litigation No.35375 of 2015 (Gorakhpur University Aff. College Teacher Asso. & Another vs. State of U.P. & Others) had an occasion to interpret an identically worded provision contained in section 4(2)(g) of the U.P. Higher Education Service Selection Board Act, 1980, relating to appointment of Chairman of U.P. Higher Education Service Selection Board. Section 4(2)(g) of the Act of 1980, which fell for consideration of the Division Bench, reads as under:-
Patna University Act, 1976
Ram Tawakya Singh vs State Of Bihar & Ors on 19 August, 2013
The stage of formulation involves agenda setting and laying down procedures antecedent to decision making. This has to be laid down in a manner which is consistent with the governing statutory provision. The stage of formulation would among other things cover the manner in which vacancies would be notified so as to be brought to the knowledge of the field of eligible candidates under the statute. It must involve the constitution of a Committee or team - consistent with the statute - for processing the nominations or applications received. The stage of formulation may involve the constitution of a Search Committee which can tap the best candidates. The stage of formulation also involves setting down procedures which will be followed and time - lines. The second stage involving opportunity enables interested and eligible persons to respond to the notification so that candidatures across a broad spectrum of sources indicated in the statute are considered. If a Search Committee has been constituted, the Committee will facilitate the process of identifying prospective candidates. Personnel forming part of the Search Committee must possess knowledge, administrative experience and domain expertise. Members of the selection panel or Search Committee must be subject to rules of exclusion on the ground of bias and conflict of interest. The third stage of decision making involves the assessment of candidatures on the basis of applicable statutory norms. Where appropriate, a procedure of short listing may be envisaged where the number of candidates is large. The final stage is the stage of selection. Decision making must be based on eligibility and suitability as defined by the statute. There must be documentation of the process at each stage. The material on the basis of which the decision is arrived at must show an application of mind to the credentials, competence and integrity of candidates. We have indicated the broad parameters and guidelines. The underlying principle is that institutional processes must be well defined, publicised and fair. That will at least in some measure ensure a movement to a system where competence and merit prevail over patronage, transparency prevails over secrecy and the prevailing culture of cynism is replaced by accountable and responsive governance which promotes public confidence in our institutions.
State Of Punjab vs Salil Sabhlok & Ors on 15 February, 2013
The learned Advocate General has submitted that the Court can issue a writ of quo warranto where there has been a breach of any statutory rules and if a possible view has been taken, the High Court should not exercise its jurisdiction under Article 226 of the Constitution. As we have indicated earlier, there has been a clear breach of the statutory requirements. This is not a case where two views would have been possible. Moreover, the answer to this submission can best be summarised in the principle of law which has been formulated in the judgment of the Supreme Court in State of Punjab v Salil Sabhlok9, which we respectfully follow. The Supreme Court held as follows:
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