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1 - 10 of 19 (0.47 seconds)Article 12 in Constitution of India [Constitution]
Dhruva Parate vs Cbse & Anr. on 23 March, 2009
In this
context, she relies upon judgments of the Supreme Court in Indian
Aluminium Company v. Kerala State Electricity Board, (1975) 2 SCC
414, J.K. Aggarwal v. Haryana Seeds Development Corporation Ltd.
and others, (1991) 2 SCC 283 and judgment of this Court in W.P.(C)
W.P.(C) 3774/ 2010 Page 3 of 16
3577/2008 titled as Dhruva Parate Vs. CBSE & Anr. decided on 23rd
March, 2009 wherein it has been held that an executive agency
operating within the field of its discretion, cannot unduly fetter or
circumscribe its own rights.
Sukhdev Singh & Ors vs Bagatram Sardar Singh Raghuvanshi And ... on 21 February, 1975
In Sukhdev
Singh and Ors (supra), the Supreme Court has held as under:-
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
In this
connection, she relies upon the judgments of Supreme Court in Ajay
Hasia and Ors. v. Khalid Mujib Sehravardi and Ors., (1981) 1 SCC
722 and Pradeep Kumar Biswas v. Indian Institute of Chemical
Biology and Ors., (2002) 5 SCC 111.
Pradeep Kumar Biswas vs Indian Institute Of Chemical Biology & ... on 16 April, 2002
In this
connection, she relies upon the judgments of Supreme Court in Ajay
Hasia and Ors. v. Khalid Mujib Sehravardi and Ors., (1981) 1 SCC
722 and Pradeep Kumar Biswas v. Indian Institute of Chemical
Biology and Ors., (2002) 5 SCC 111.
Anandi Mukta Sadguru Shree Mukta ... vs V.R. Rudani & Ors on 21 April, 1989
performing public duty (Andi Mukta Sadguru Shree Muktajee Vandas
Swami Suvarna Jayanti Mahotsav Smarak Trust & Ors. vs. V.R.
Rudani & Ors., (1989) 2 SCC 691, para 20 at 700 and U.P. State
Cooperative Land Development Bank Ltd. Vs. Chandra Bhan Dubey
& Ors., AIR 1999 SC 753, paras 22, 23,24, 25 and 26).
U.P. State Co-Operative Land ... vs Chandra Bhan Dubey And Ors on 18 December, 1998
performing public duty (Andi Mukta Sadguru Shree Muktajee Vandas
Swami Suvarna Jayanti Mahotsav Smarak Trust & Ors. vs. V.R.
Rudani & Ors., (1989) 2 SCC 691, para 20 at 700 and U.P. State
Cooperative Land Development Bank Ltd. Vs. Chandra Bhan Dubey
& Ors., AIR 1999 SC 753, paras 22, 23,24, 25 and 26).
Binny Ltd. & Anr vs V. Sadasivan & Ors on 8 August, 2005
In fact, the Supreme Court in Binny Ltd. and Anr. v. V.
Sadasivan and Ors., (2005) 6 SCC 657 has held that even private
bodies discharging public functions are amenable to writ jurisdiction
under Article 226. The relevant portion of the said judgment is
reproduced hereinbelow :-
Maharashtra State Board Of Secondary ... vs Paritosh Bhupesh Kumar Sheth Etc on 17 July, 1984
15. From the aforesaid, it is apparent that despite the parents of the
petitioner having mentioned their names as „Hari Singh‟ and „Mamta‟
in the petitioner‟s birth certificate, they have consciously and
consistently chosen to record their names as „Hari Singh Yadav‟ and
„Mamta Yadav‟ in the school record. Consequently, we are of the
opinion that this Court in the present petition should not deal with the
challenge of constitutional validity as it is the petitioner‟s parents who
are at fault and the error, if any, has been repeated on a number of
occasions by the petitioner‟s parents themselves. In fact, we are of the
view that for the fault of the petitioner‟s parents, the impugned Bye-law
W.P.(C) 3774/ 2010 Page 12 of 16
of the respondent no. 1 cannot be set aside. The Supreme Court in
Maharashtra State Board of Secondary and Higher Secondary
Education & Anr. v. Paritosh Bhupeshkumar Sheth & Ors., (1984) 4
SCC 27 has held as under:-