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SACHIN SHANKAR MAGADUM
Bruhath Bangalore Mahanagara Palike Officer And Employees Welfare Association – Appellant
Versus
State Of Karnataka Represented By The Principal Secretary Urban Development Department – Respondent
ORDER :
Sachin Shankar Magadum, J.
The captioned petition is by the officer and employees of the Bruhat Bengaluru Mahanagara Palike (BBMP) assailing the constitutional validity of Rule 4(a) of BBMP (General Cadre and Recruitment of Officers and Employees) Rules, 2018 (for short 'the 2018 Rules').
2. The facts leading to the case are as under:
Respondent No.1/State published a draft of the 2018 Rules. The petitioner/Association filed its objections to the said draft that lead to constitution of committee by respondent No.1/State to examine the objections tendered. Petitioner/Association is aggrieved by the approval of the draft by the respondent No.1/State. Petitioner contends that Rule 4(a) of Cadre and Recruitment of Officers and Employees is not in conformity with the provisions of the Karnataka Municipal Corporations Act, 1976 (KMC Act) and is ultra vires to the provisions of Sections 82, 84, 89 and 69 of the KMC Act. Petitioners are aggrieved on the ground that their objections were not properly examined by the committee before approving the draft of the 2018 Rules.
3. Learned Senior Counsel reiterating the grounds urged in the petition has vehemently argued and contended that as on
The State retains authority to appoint Group A officers under Rule 4(a) of BBMP Rules, ensuring efficient governance and compliance with statutory provisions.
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Lt. Governor competent to frame recruitment rules for UT subordinate services under Article 309 proviso; cadre restructuring/abolition of posts is executive policy not amenable to judicial review abs....
Executive orders cannot override statutory provisions, and appointments made outside prescribed authority are rendered void ab initio.
The State Government has the authority to prescribe the method of recruitment and conditions of service for the appointment of Jogana Sahayak in a Gram Panchayat.
Mandatory statutory educational qualifications for public posts require reasoned pre-appointment equivalence determination under proviso; absence on record renders appointment ultra vires, notwithsta....
Statutory educational qualifications for public appointments are mandatory; equivalence under proviso requires prior, objective, reasoned decision on contemporaneous record, absent which appointment ....
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