Court : Gujarat
Reported in : (2003)2GLR956
..... under which direct discussions and negotiations take place between the authority and one or more suppliers of its choice in certain circumstances. once, a call for competition has been advertised, the authority is ordinarily bound to proceed with the procedure it has chosen. should it find necessary to resort to negotiations amongst those ..... quoted in the bid shall be based on furnishing all materials and services completely in accordance with the bid specifications and attachments thereto. ii. incomplete bids and amendments and additions to bids after opening of price bid may not be considered. xxxxx '(i) the prices quoted shall be based on delivery f.o.r. ..... . commissioner, ulhasnagar municipal corporation, reported in air 2000 bom. 389 was cited to point out that the high court held that the municipal commissioner had acted arbitrarily in considering the bid of the highest bidder which did not fulfil the eligibility conditions on the last date which was prescribed for the submission of .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR666
..... . government had examined the question very carefully and with a view to reducing stagnation in the lower division. it was decided to hold special competitive examinations on departmental basis for the members in the lower division for their promotion to the posts of junior assistants in the secretariat departments. after ..... providing for promotions of members of the lower division in the subordinate secretariat service with reference to upper division and it provided for a special competitive examination to be held. the lower division consisted of clerks/typists and the upper division consisted of assistants. the resolution pointed out that according to ..... regularly appears in the amending and repealing acts which are passed from time to time in india. the independent existence of the two acts is therefore recognised; despite the death of the parent act, its offspring survives in the incorporating act. though no such saving clause appears in the general clauses act, i heir lordship think .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2685
..... chandkheda addressed to the commissioner, youth services & cultural activities, makes it clear that for such national level tournament trial competitions are held and on that basis a team representing the state is selected for participation at the national tournament. he ..... s football and the certificates issued by the gujarat state women's football association. he pointedly referred to the draft amendment and annexure-r colly. produced at p. 155 and submitted that a letter dt. 13.7.2008 addressed ..... its judgement in the case of bihar public service commission and ors. v. kamini and ors. reported in : (2007)5scc519 . in that case also, the honourable court was considering the aspect of recruitment process, eligibility conditions and qualification ..... would be against the interest of security of the corporation to continue in employment the offender workman when serious acts were likely to affect the foundation of the institution.further, as rightly emphasised while appreciating on this aspect .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1343
..... select suitable candidates by inviting applications from the open market, every candidate has a fundamental right to seek consideration and for selection through open competition. it was held that the process of recruitment through the commission as envisaged under the constitution cannot be by-passed by issuing directions for ..... were wrongly not called for interview on the ground that they did not satisfy the educational qualifications prescribed by the recruitment rules which were subsequently amended, is erroneous. their qualifications were necessarily required to be judged by the provisions of the recruitment rules prevailing at the time of their ..... perform its required duties. even though special damages cannot be the subject-matter of public law proceedings, the improper interface between notions of unlawful acts in judicial review proceedings and rights to damages in tort means that some victims of bureaucratic recklessness in discharge of statutory duties currently go uncompensated .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR567
..... the above rules, it becomes clear that an appointment to the post of clerk can he made by direct selection on the basis of the result of the competitive examination held by the gpsc and, to be eligible for appointment by direct selection, the candidate must undergo training and must pass departmental examination as prescribed by ..... interpreting the statutory rules framed under the proviso to article 309 of the constitution of india and the scheme appended thereto. looking to the rules, alongwith the scheme amended from time to time, it clearly appears that an appointment to the post of clerk can only be made of a candidate who has cleared the gpsc, ..... before declaration of the result. regarding seniority, the tribunal came to the conclusion that the jurisdiction of the tribunal was statutory and looking to the schedule of the act, seniority was not one of the matters in respect of which the jurisdiction had been conferred on the tribunal and, therefore, the tribunal had no jurisdiction to .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1414
..... chart he maintained and (iii) the report of the teachers which is to be submitted periodically may be considered. alternatively the authorities concerned may conduct competitive entrance examination to determine the merit of a candidate for admission to postgraduate medical courses. period of trainingthe period of training for m.d., m.s ..... stands, the university was duty bound to enact the rules. the appellants filed special civil application since they apprehended that the state government was to amend/change the residency rules so as to bring them in conformity with the registration rules.10. broadly state, the registration rules seek to accord some ..... wishes during his rotating regular housemanship in the first year.'(b)...the indian medical council have framed regulations under section 33 of the indian medical councils act, 1956, which are in nature of recommendations. the pamphlet titled 'recommendations on post-graduate medical education' published by medical council of india in 1980 .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR425
..... the provision of rule 9(10-a) of the rules, a candidate in bombay service of engineers class i and ii means a persons elected through open competitive examination held by the bombay public service commission for appointment to a post in that service. the petitioner was initially appointed as overseer on non gazetted post in ..... that challenge has not been pressed by the petitioner as stated earlier and, therefore, it is not necessary to examine that question by this court.16. in amendment carried out by the petitioner, the petitioner has contended that the committee was not constituted and his case was not referred to the said committee and even if ..... committee has rightly considered the overall performance of the petitioner and relevant factors before recommending the case of the petitioner for compulsory retirement and this court should not act as an appellate court upon the decision of the committee.30. in the backdrop of the aforesaid factual aspects, let us consider the law on the point .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR730
..... the subject, the executive must abide by that rule and it cannot in exercise of the executive power under article 162 ignore or act contrary to that rule. the government cannot amend or supersede the statutory rules by administrative instructions, but if the rules are silent on any particular point, the government can fill ..... rule (1) of these rules provided:(1). appointment to the posts of aval karkuns shall be made:a) by direct selection on the result of a competitive examination held by the gujarat public service commission in accordance with the scheme hereto annexed; or(b) by promotion from amongst clerks of the subordinate revenue service ..... cannot issue administrative instructions regarding the principle to be followed to promotions of the officers concerned to selection grade posts. it is true that government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point government can fill up the gaps and supplement the .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR597
..... the gram panchayat by selection through the gujarat panchayat services selection board, ahmedabad. in response to that advertisement, applications were received on 9/2/1992, a competitive written test was held and the results were declared in the month of july, 1992 and pursuance thereof a list of 27 candidates in order of the merits ..... 45 talati-cum-mantri and the last date for receipt of appointments was 12/4/1990. by issuing a corrigendum to this advertisement dated 22/3/1990 it was amended to the extent that total 65 vacancies are to be filled in. the breakup of the vacancies for different categories are as under :27 : unreserved25 : scheduled caste03 ..... put ban on appointments, he was not given appointment. it is the grievance of the petitioner that the state government as well as the appointing authority has acted arbitrarily and exhibited a clear example of the favouritism and nepotism in dealing with these matters and has made hostile discrimination in making the appointments. if the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)173CTR(Guj)193
..... incorporated in the said documents held the field unchallenged and undiluted, and that, it was on 15-6-1978, that the buyer company made a proposal for amendment (in the stipulations) and the assessee ungrudgingly agreed to forgo the interest which exceeded rs. 120 lakhs for two years. the commissioner (appeals) considered the ..... in the contention, which was not even raised before the tribunal, that the income tax officer's final assessment charging interest under section 215 of the act was against the directions of the 1nspecting assistant commissioner or without jurisdiction. it was perfectly within the jurisdiction of the income tax officer to charge interest under ..... of income, etc. (1) if the income tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person :(a) xxxxxxx(b) xxxxxxx(c) has concealed the particulars 'of his income or furnished inaccurate particulars of such income,he may .....
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