PSC Restructuring and Selection Processes
The Public Service Commission (PSC) has undergone multiple restructuring efforts, including a recent direction to initiate a fresh selection process in accordance with legal requirements, following a court quashing previous appointments due to procedural issues Kamalaksha Gangopadhyay VS STATE OF WEST BENGAL - Calcutta. The process involves professional input, including lawyers and chartered accountants, to ensure compliance and integrity Reliance Natural Resources Ltd. VS Reliance Industries Ltd. - Supreme Court.
Legal and Regulatory Framework
Restructuring efforts are guided by legal provisions such as the Indian Evidence Act and specific statutes governing appointment and tenure of interim resolution professionals INDEPENDENT POWER PRODUCERS ASSOCIATION OF INDIA VS UNION OF INDIA - Allahabad. Court decisions have emphasized adherence to law, and in some cases, rejected previous plans deemed unviable or non-compliant INDEPENDENT POWER PRODUCERS ASSOCIATION OF INDIA VS UNION OF INDIA - Allahabad.
Government and Committee Recommendations
High-level committees have been formed to advise on restructuring, including recommendations against engaging retired government servants on contract basis and proposals for comprehensive restructuring packages for engineers Kashinath Shetye VS State of Goa - Bombay. These committees also evaluate institutional facilities and professional standards, emphasizing the need for modernization and capacity building Gene Campaign VS Union of India - Supreme Court.
Educational and Institutional Restructuring
Universities and academic institutions have implemented restructuring measures such as the semester and credit systems since the late 1970s and 2005, respectively. These reforms aim to standardize professional courses and improve academic quality SHAJERKHAN Vs STATE OF KERALA - Kerala.
Sector-Specific Restructuring and Oversight
In sectors like oil and gas, production sharing contracts (PSC) are central to restructuring efforts, with considerations including government roles and contractual interpretations. PSCs are prioritized over other contracts, and MoUs may be incorporated within restructuring frameworks Reliance Natural Resources Ltd. VS Reliance Industries Ltd. - Supreme Court. Regulatory systems for biosafety and testing facilities are under review to enhance professional standards and infrastructure Gene Campaign VS Union of India - Supreme Court, GENE CAMPAIGN . vs UNION OF INDIA - Supreme Court.
Challenges and Considerations
Despite efforts, professional expertise and institutional facilities in India are often found lacking, necessitating strengthening mechanisms and adherence to international standards. Court rulings highlight the importance of lawful procedures and transparent selection processes in restructuring initiatives INDEPENDENT POWER PRODUCERS ASSOCIATION OF INDIA VS UNION OF INDIA - Allahabad, Kamalaksha Gangopadhyay VS STATE OF WEST BENGAL - Calcutta.
The restructuring of the Professional Committee of PSC involves legal, institutional, and sector-specific reforms aimed at ensuring transparency, professionalism, and adherence to regulations. Court rulings and government committees emphasize the importance of lawful procedures, capacity enhancement, and modernizing institutional facilities. Overall, the process is complex, requiring multidisciplinary input, legal compliance, and strategic planning to effectively overhaul existing structures and improve service delivery.
References:
- INDEPENDENT POWER PRODUCERS ASSOCIATION OF INDIA VS UNION OF INDIA - Allahabad
- Kamalaksha Gangopadhyay VS STATE OF WEST BENGAL - Calcutta
- Reliance Natural Resources Ltd. VS Reliance Industries Ltd. - Supreme Court
- SHAJERKHAN Vs STATE OF KERALA - Kerala
- Kashinath Shetye VS State of Goa - Bombay
- Harmesh Singh VS State of Punjab - Punjab and Haryana
- Navin Kumar Ray, S/o. Ram Udgar Ray VS State of Assam, represented by the Commissioner & Secretary to the Government of Assam - Gauhati
- Gene Campaign VS Union of India - Supreme Court
- GENE CAMPAIGN . vs UNION OF INDIA - Supreme Court
was duly considered and ultimately found unviable – Its second plan of restructuring has already been turned down by creditors in ... , 35AB – Interim relief – Insolvency resolution process – Power generating companies – Petitioner has been a NPA – Its case for restructuring ... 22.7] ... (E) Evidence Act, 1872 – Sections 54(A) and 74 – Standing Committee ... resolution profession by another resolution professional. ... Section 16 deals with appointment and tenure of interim resolution professional. Sec....
) and directed the PSC to initiate a fresh selection process in accordance with the law. ... and directed the PSC to initiate a fresh selection process in accordance with the law. ... Court quashed the selection of the Principal, Government College of Art and Craft, Kolkata, made by the Public Service Commission (PSC ... In fact the learned lawyer for the applicant has argued that the Applicant was miles ahead of the Private Respondent in terms of his professional expertise, reputation and achievements. ... It was argued....
(Para 43) ... (l) PRODUCTION SHARING CONTRACT (PSC) – PSC is subject ... – MoU may be part of the suitable arrangement – Other considerations include role of the Government – Proper interpretation of PSC ... (Para 60) ... (p) Gas Pricing – PSC overrides any other contract which ... It was also resolved that the said committee of independent Directors also be assisted by professionals, such as chartered accountants, solicitors, merchant bankers etc., including the lawyer who had drafted....
of the Committee will be shared with the Universities. ... The Academic Calender was prepared by the Deans of the University and Steering Committee members, which is produced as Ext.R4(d). ... It is further contended that the Semester System was introduced for professional courses in 1978. In 2005, Credit system was also introduced. Semester system is not a new system in the graduate sector. In M.G.University, there are 63 aided and 61 unaided Arts and Science colleges. ... In the case of M.G.University, the restructuring#HL_END....
The O.M. states that the Government had constituted a High Level Committee to examine the same, and that High Level Committee had recommended not to resort to engaging any retired government servants on contract basis 'as far as possible', and that the Government had accepted the recommendation, and ... The government, therefore, kept direct recruitment on hold and worked out a total "restructuring package for engineers" with separate promotional schemes for degree and diploma engineers by the amended rules, which were notified on 28.02.2....
... Ratio Decidendi: Government actions were found to contravene UGC Regulations, and their changes to selection criteria and committees ... In case of departments, whose restructuring is yet not complete, their vacancy position reflected in Annexure-A2 shall stand modified in terms of their restructuring as approved by Council of Ministers in each case. ... (x) that the selections have been made purely on the basis of marks obtained in the written test conducted by two prestigious Universities of the region which comprise of many emine....
Reference is made to the Committee of Shri M.P. ... Bezbaruah Committee, referred to by the Mr. K.N. ... It is contended that the Rules of 2019 are inconsistence with the Report of the Committee submitted in the year 2015. ... Rajkhowa that although the Committee recommends introduction of language paper of Assamese, Bengali and Bodo, the Hill Districts were exempted from introduction of the said languages. For the candidates of the Hill Districts, the Committee recommended the General English paper. ......
(vi) Finally, on whether institutions and laboratories in India have the state-of-art testing facilities and professional expertise to conduct various bio-safety tests, the majority noted that the professional expertise and standards across the institutions appeared unsatisfactory ... Tor F Based on the review of the dossiers, the professional expertise and standards across the institutions appear unsatisfactory. ... All members unanimously felt that the present regulatory system and protocol(s) for conducting field trials was unsatisfac....
(vi) Finally, on whether institutions and laboratories in India have the state-of-art testing facilities and professional expertise to conduct various biosafety tests, the majority noted that the professional ... To advise on whether institutions/laboratories in India have the state-of-art testing facilities and professional expertise to conduct various biosafety tests and recommend mechanisms to strengthen the same. ... To advise on whether institutions/laboratories in India have the state-of-art testing facilities and profess....
It is, of course, required to be emphasized that these contractual employees are required to update themselves and are expected to enhance their professional skills with passage of time. ... In Municipal Committee, Amritsar v. Hazara Singh, AIR 1975 SC 1087, the Supreme Court observed that only a statement of law in a decision is binding. In State of Punjab v. ... The last such restructuring was made in the year 2013 by the State whereby the extension was given for contractual period to those working under this set up. ... While permittin....
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