direct recruits entering service after
such promotees - Quota rule - Not maintained - Rules confer
relaxation power on Government - Whether relaxation of quota
rule to be assumed ... since there was power to relax the Rules
similar to the power under rule 16 in the Rules with which
we are concerned here. Justifying
provisions of the 1964 Rules and this also comprehends Rule
13(1) which prescribes quota. When the power to relax any of
the provisions ... record
reasons will not invalidate the exercise of power. Once the
power to relax a mandatory rule exists and action in
derogation of the rule
Engineers Class I PWD (Public Health
Branch) Rules, 1961: Rule 22--Power of Government to relax
requirement of any of the Rules-Scope and interpretation ... circumstance. Rule 22 postulates relaxation of Rules to meet
a particular event or situation, if the operation of the
Rules causes hardship. The relaxation
Rule 47 of the General Rules and corresponding new
Rule 31 of 1996 Rules read: -
"47. Relaxation of Rules by the
Governor. No rule ... Rules, 1961
(Special Rules), for regular promotion as Deputy
Tehsildar. He requested for relaxation under Rule 47
of the Rules. The State Government relaxed
Public Service Commission (Relaxation of Age Limit) Relaxation Rules, 1992 (in short "Relaxation Rules, 1992") which confers power upon the Governor to grant ... seek relaxation under rule 3 of the Relaxation Rules, 1992.
It is contended that by virtue of rule 1(3) of the Relaxation Rules
this case by relaxing the rules in exercise of power under Rule 41. The rule or rules so relaxed have not been specified ... relaxation rules permit relaxation of conditions of service and some permit relaxation of rules. Some permit relaxation in any particular case and some permit relaxation
relaxation in the Rules in exercising the power under Rule 14 A of the Indian Legal Services, Rules 1957 (ILS Rules) has also been challenged ... Rules. Rule 14 has to be strictly construed and proper foundation must be laid for the exercise of power under that rule. The Rules have
well amount to a
subordinate legislative power. The power to relax is not
coextensive with power to legislate. Rule making power is
given only ... form of Rules. Rule making is superior to
any delegated power under the said Rules. Hence, the
delegated powers cannot abrogate the fundamental
characteristics
done
in relaxation of the rules both as to competitive
examination and the promotions were given after relaxing the
quota rule. 'I he direct ... quota
rule assuming that there was quota prescribed in Rule 4 of
'1949 rules' ?, (iii) If Rule 4 of '1949 Rules
exercise of its powers to relax requirement of rules, may
issue an order relaxing any particular rule or rules with a view to avail ... relax the rules
of eligibility can be exercised within the parameters of Rule 4 of the 2006
Rules which provides as follows :
Rule 4. Relaxation
