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Jitendra Kalita vs State Of Assam And Ors. on 17 May, 2006

71. Even otherwise, as correctly observed by the learned Single Judge, there was no requirement for the State to seek permission of the Court to implement its own policy decision. The Full Bench in Jitendra Kalita (supra) had itself observed that any solution to the issue of regularization must be undertaken by the State as a policy measure. Regularization, where permissible in law, is an executive function. It falls within the domain of policy and administration. Courts do not grant prior approval to executive decisions. The role of the Court is confined to judicial review, that is, to examine whether a policy or action is constitutionally valid, fair and reasonable. It is not for the Court to authorise the executive to exercise powers which already vest in it.
Gauhati High Court Cites 27 - Cited by 8 - R Gogoi - Full Document

State Of Karnataka & Ors vs M.L. Kesari & Ors on 3 August, 2010

ii. Exception under paragraph 53 of Umadevi (supra), as explained in M.L. Kesari (supra) applies only to irregular and not illegal appointments of duly qualified persons working against sanctioned posts for more than ten years without any Court’s protection. Since the writ petitioners were never appointed against sanctioned posts, they did not satisfy the threshold condition for invoking the one-time regularization exception.
Supreme Court of India Cites 4 - Cited by 1834 - R V Raveendran - Full Document
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