SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Gau) 276

MAIBAM B.K.SINGH, T.NANDAKUMAR SINGH
Abdul Kalam – Appellant
Versus
State of Manipur – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:B.P. Sahu, Kh. Tarunkumar & N. Jotendro, Advocates
For Respondents/Defendant:N. Promod Ch. Singh, R.S. Reisang & Jagajit Singh, Advocates

JUDGMENT

T. Nanda Kumar Singh, J.

1. In the factual context of these two writ appeals, this Court had been asked to decide two important questions of public importance, viz.

1. Whether or not the State Government (Governor of Manipur), while making the Recruitment Rules for a Gazetted post in the service of the Government of Manipur by exercising the power under Article 309 of the Constitution of India, is not at all required to consult the Constitutional Body, i.e. Manipur Public Service Commission, constituted under Article 320 of the Constitution of India even if consultation with the Public Service Commission is not required under the Manipur Public Service Commission (Exemption from Consultation) Regulations 1972 framed by the Governor of Manipur in exercise of the powers conferred by proviso to Clause (3) of the Article 320 of the Constitution of India?

2. Whether or not this Court, while exercising its writ jurisdiction under Article 226 of the Constitution of India, has no power of judicial review to pronounce upon the validity of the Rules so framed and action taken by the State Government in exercise of the power under Article 309 of the Constitution of India?

2. As stated abo




































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top