have done it. Whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
which Ministers and Secretaries function, it
might often be difficult to decide where the role of one functionary
ends and that of the other begins ... conflict with other functionaries
under the Constitution, it would be necessary to give a constitutional
status to his office, his powers, functions, etc. We feel
rather the
result of collective, constitutional process. It is a
participatory constitutional function. It is, perhaps,
inappropriate to refer to any `power' or `right ... none of the constitutional functionaries is entitled 10
primacy but after considering the opinion of each of the
constitutional functionaries and giving it due weight
would ordinarily be mandatory but when a public functionary is required to perform a public function within a time-frame, the same will be held
shall assume the role of the Executive
Government of the State. Statutory functions are assigned to the State by
the Legislature ... courts,
as indicated hereinbefore, ordinarily is reluctant to assume the functions
of the statutory functionaries. It allows them to perform their duties at
the first
would ordinarily be
mandatory but when a public functionary is required to perform a
public function within a time-frame, the same will be held
from the
Director of Education who was a public functionary and was
discharging a governmental function as an authority consti-
tuted for the said purpose ... done
under a statute. The Director of Education who is a public
functionary has given his approval to the decision of the
Dispute Settlement Committee
would ordinarily be mandatory but when the public functionary is required to perform the public function within time frame, the same shall be held directory ... oblivious of the law that when a public functionary is required to do a certain thing within a specified time, the same is ordinarily directory
administrative, that wherever a decision making function is entrusted to the subjective satisfaction of the statutory functionary, there is an implicit incumbency to apply
constituted under the provision of statute to discharge function assigned under the Act or administrative functions have been entrusted to discharge certain acts under ... controversy arising under a special Act, it discharges function under the Act as a functionary constituted under the Act. The law is otherwise well settled