Court : Rajasthan
Decided on : Jan-04-2005
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
N.N. Mathur, J.1. Thousands of teachers by way of instant bunch of Writ petitions, as mentioned in Schedule appended to each petition, have challenged the Constitutional validity of the Rajasthan Panchayati Raj (Amendment) Ordinance, 2004 and Rajasthan Panchayati Raj (Amendment) Rules, 2004 providing for selection of Teachers Gr.III by the Public Service Commission and have prayed for restoring the autonomy to the Panchayati Raj Institutions in the matter of selection & appointment of primary school teachers. Petitioner-teachers have also prayed for restoration of the Notification dated 14.7.2003 providing to fill-up the posts of Teacher Gr.III to the extent of 75% from Para Teachers/Shiksha Sahyogi and 25% from the open market. It is further prayed that their services be regularized as Teacher Gr.III, who have been in continuous service for a considerable time as Para Teacher/Shiksha Sahyogi.BACKGROUND FACTS:2. The factual matrix in juxtaposition with the relevant rules may be set out...
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2005
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... under 58(1),(2),(3) and (4) was not available under 58(6) also is fallacious and must be negatived. the petitioners have taken support of regulation 56 and 57 in its behalf and also has referred to the definition of the expression 'existing land use map' in section 2(12) and chapter iv of the act in support of its case. this ..... 11th may, 2005 and 27th september, 2002.278. in this context, it is relevant to note that in the year 1983, the textile undertakings (taking over of management) act 1983 was passed. the preamble of this act very clearly states that a further investment of a very large sums of money is necessary for reorganising and rehabilitating the said ..... ' between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands ..... buildings collapsed, there was no accommodation with mhada to accommodate them in the city. now mhada has listed 107 buildings as very dangerous. over and above, mhada has to provide cheap housing for poor and the middle class in mumbai, who cannot afford housing otherwise.259 ..... render intra vires any delegated legislation which is otherwise ultra vires. in lohia machines v. union of india - : [1985]152itr308(sc) at paragraph 13, a constitution bench considered whether rule 19-a of the income .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-2005
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... v. union of india and ors., , a governmental decision to give utmost importance to the training programme of the indian administrative service selectees was upheld by deriving support from article 51-a(j) of the constitution, holding that the governmental ..... , it was held that the directive principles of state policy have to conform to and run as subsidiary to the chapter of fundamental rights. the view was reiterated in deep chand and anr. v. the state of uttar pradesh ..... gujarat amendment) act, 1994. the bombay act of 1954 referred to as 'the principal act' was further amended by section 2 of the amending act which reads as under:2. in the bombay animal preservation act, 1954 (hereinafter referred to as 'the principal act'), in section ..... own to the detriment of legal development. the resulting 'jurisprudence of concepts' produces a slot-machine approach to law whereby new points posing questions of social policy are ..... . this they cannot clearly do'.question - 5 : article 19(1)(g) : 'regulation' or 'restriction' includes total prohibition; partial restraint is not total prohibition32. respondents rely ..... ,93,227 as in 1992. a statement showing the amount of dung production for the year 1983-84 to 1996-97 and a statement showing the nature of economy of the state of gujarat is annexed ..... 2,88,084. this clearly indicates that there has been a vast change in the meat eating style of people of gujarat state. it is because of the awareness created among the public due to the threats of dangerous .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-2005
Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649
N. Santosh Hegde, J. 1. I have had the benefit of reading the judgment of Sinha, J. I regret I cannot persuade myself to agree with the conclusions recorded in the said judgment hence this separate opinion. The Judgment of Sinha, J. has elaborately, dealt with the facts, relevant rules and bye-laws of the Board of Control for Cricket in India (the Board). Hence, I consider it not necessary for me to reproduce the same including the lengthy arguments advanced on behalf of the parties except to make reference to the same to the extent necessary in the course of this judgment.2. Mr. K.K. Venugopal, learned senior counsel appearing for the Board has raised the preliminary issue in regard to the maintainability of this petition on the ground that under Article 32, a petition is not maintainable against the Board since the same is not 'State' within the meaning of Article 12 of the Constitution of India. It is this issue which is being considered in this judgment.3. In support of his argumen...
Tag this Judgment!Court : Gujarat
Decided on : Feb-09-2005
Reported in : (2005)2GLR1142
K.M. Mehta, J.1. The petitioners - 610 in number, formally appointed by the Gujarat State under the Bombay Home Guards Act, 1947 and the Bombay Home Guards Rules, 1953, but really forming a special wing, known as Border Wing Home Guards (for short 'BWHG') constituted under and governed by the Government of India's Scheme of 29.6.1979 for all border States for border duties, have filed this petition under Article 226 of the Constitution of India, praying before this Court that this Court may direct the respondent authorities namely State of Gujarat, through the Commandant General, Home Guards Headquarters, Ahmedabad respondent No. 1, the Commandant No. 2 Battalion, Border Wing Home Guards, Bhuj - Kachchh respondent No. 2, Union of India - respondent No. 3, to evolve fair, just and reasonable conditions of service for the petitioners herein and to further grant service benefits like fixation of pay, leave, over time, medical allowance, travelling allowance, retiral benefits like providen...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2005
Reported in : 2005(6)ALD582; 2005(6)ALT364
Bilal Nazki, A.C.J. for himself and on behalf of Hon'ble Sri R. Subhash Reddy, J.1. I have the privilege of going through the elaborate opinions framed by my brother Judges Mr. Justice Goda Raghuram and Mr. Justice V.V.S. Rao. By and large, I am in agreement with them, but there are some areas, where I could not pursue myself to go along with the opinion of my brothers, though the fate of the cases would be the same and the writ petitions would have to be allowed. Facts have been mentioned in detail by my learned brothers in then judgments, but in order to frame my opinion, certain facts would have to be repeated.2. Andhra Pradesh Reservation of seats in the Educational Institutions and of appointments/posts in the Public Services under the State to Muslim Community Ordinance, 2005 (Ordinance No. 13 of 2005, dated 20-06-2005), is under challenge in these writ petitions. A battery of lawyers assisted us in these writ petitions. There are writ petitioners, respondents and the intervenes....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-12-2005
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
G.P. Mathur, J.1. This writ petition under Article 32 of the Constitution of India has been filed by way of public interest litigation for declaring certain provisions of the Illegal Migrants (Determination by Tribunals) Act, (Act No. 39 of 1983) 1983 as ultra vires the Constitution of India, null and void and consequent declaration that the Foreigners Act, 1946 and the Rules made thereunder shall apply to the State of Assam. The second prayer made is to declare the Illegal Migrants (Determination by Tribunals) Rules, 1984 as ultra vires the Constitution of India and also under Section 28 of the aforesaid Act and, therefore, null and void. Some more reliefs have been claimed which will be referred to at the appropriate stage. The respondents to the writ petition are the Union of India and the State of Assam. 2. The case set up in the writ petition is that the petitioner is a citizen of India and is ordinarily resident in the State of Assam. He is a former President of the All Assam Stu...
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-2005
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
1. The petitioner who was elected to the office of Adhyaksha (Chair person), Zila Panchayat, Allahabad in the elections held in November, 2000, has approached this Court with a prayer for quashing the impugned order dated 30th July, 2005 (Annex. 15) passed by the respondent State Government removing the petitioner from her office on the basis of alleged charges which the State Government contends to have been proved against the petitioner under the provisions of Section 29 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter called the '1961 Act') read with The Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1997 (hereinafter called the 1997 Rules'). Haunted and hotly pursued by her rival political opponents, the petitioner contends that the impugned order is a result of political motivation and is a complete mala fide exercise of power in violation of the provision...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-2005
Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733
..... 2. the authorities responsible for implementing the laws are not yet fully identified. those which have been designated, do not seem to be specialised in the task of regulating noise pollution. there is dearth of necessary personnel technically qualified to act effectively. what is needed is a combination of technically qualified and administratively ..... except in exceptional circumstances.iv. awareness1. there is a need for creating general awareness towards the hazardous effects of noise pollution. suitable chapters may be added in the text-books which teach civic sense to the children and youth at the initial/early level of education ..... become more serious with the increasing trend towards industrialisation, urbanization and modernisation and is having many evil effects including danger to health. it may cause interruption of sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood ..... two sources, i.e. industrial and non-industrial. the industrial source includes the noise from various industries and big machines working at a very high speed and high noise intensity. non-industrial source of noise includes the noise created by ..... had already included the prescribed noise limits for firecrackers as additional conditions of licenses issued under the explosives rules 1983. the authorities empowered to enforce the explosives rules 1983 have been clearly defined under the said rules.desirability of fixing chemical composition for the firecrackers141. the learned .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-2005
Reported in : 2005(3)ESC1755
Sabhajeet Yadav, J. 1. By this writ petition the petitioner who is a part time Lecturer in the institution in question has moved to this Court seeking relief in the nature of writ of certiorari quashing the term and conditions of his appointment letter which presides that he will be paid honorarium at a rate of Rs. 10/- per period and further writ in the nature of mandamus directing the respondent to pay him regular and equal remuneration/salary as being paid to a lecturer teaching in the intermediate classes in the subjects in question in the institution which is on grant-in-aid list of the State Government and further direction of payment of arrears of salary and interest at the rate of 10% thereon has also been sought for. By amendment application moved in the writ petition anther relief has been sought in the nature of mandamus directing the respondent to treat the petitioner as a regular teacher and quash the provisions of para 6 of the Government order dated 10.8.2001.2. The fact...
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