Constitution of India, 1950, Article 226,227 -- Writ jurisdiction - Judicial review - Alternative remedy - Departmental appeal - Held that the rule of exclusion of writ jurisdiction due to availability of an alternative remedy is a rule of discretion and not one of compulsion - In an appropriate case, in spite of the availability of an alternative remedy, a writ court may..........
Constitution of India, 1950, Article 16(1),(,16(4) -- Reservation - Held that the State in terms of Article 16 of the Constitution may make two types of reservations vertical and horizontal - Article 16(4) provides for vertical reservation; whereas Clause (1) of Article 16 provides for horizontal reservation...........
Constitution of India, 1950, Article 16(1),16(4) -- Reservation - Physically handicapped persons - Such a reservation falling within Clause (1) of Article 16 of the Constitution has nothing to do with the object and purport sought to be achieved by reason of clause (4) thereof - A disabled is a disabled - The question of making any further reservation on the basis of..........
Constitution of India, 1950, Article 226, 143 -- PIL - Seeking direction to Union of India to approach President to refer `questions of law and fact' referring Indo-US nuclear deal - There is no legislation with regard to the deal, so it is purely a policy decision of the government of India - PIL dismissed...........
Constitution of India, 1950, Article 14 -- Recommendations of Pay Commission - Pay scale - Date of implementation - Discrimination - Anomalies in pay scales - Held that once the recommendations of the pay commission are accepted, in full, it could also give effect to it from the date recommended in that behalf - But when no provision is made in respect of particular..........
Constitution of India, 1950, Article 226 -- Mandamus - Policy decision - Cadre - Merger of cadre - Held that merger of cadre is a policy decision - Neither the Central Administrative Tribunal nor the High Court can direct the merger of any cadre...........
Constitution of India, 1950, Article 12,226 -- State - SCERT - Writ jurisdiction - Held that SCERT, State Council of Education, Research and Training, is not a State or other authority within meaning of Article 12 of the Constitution and normally not amenable to the jurisdiction of the High Court under Article 226 of the Constitution of India...........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdiction - Scope of interference - High Court's jurisdiction under Article 226 or Article 227 cannot be placed under confines of rigid formulae, guidelines or case iron fetter - At the heart of every exercise of judicial power lies a salutary principle namely, duty of every Court to exercise its powers to further..........
Constitution of India, 1950, Article 226, 227, Punjab Town Improvement Trust Act, 1922, Section 65 -- Land acquired - Award by Collector - Reference to Tribunal - Award by Tribunal - Challenge in writ jurisdiction - Scope of interference - High Court not to exercise appellate jurisdiction - High Court may proceed to interfere where the impugned orders discloses an apparent..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Domestic enquiry - Judicial review - The Courts cannot sit as appellate authority over the domestic enquiries...........
