ARTICLE 226/ 227

  1.         Constitution of India, Art. 226, 227 - Employees Compensation Act, 1923 (8 of 1923) S. 30 - Maintainability of the writ petition against the award of the Tribunal - Questions which are now sought to be raised can be effectively raised in the appeal which is provided and mandatory under the Act - Petition dismissed.    (177) PLR
  2.         Constitution of India, Art. 226, 227 - Haryana School Teachers Selection Board - Advertisement of posts of Primary Teachers - Petitioner having submitted representation immediately and the same having not been responded favourably, it was obligatory upon her to have approached the writ Court without any further delay - Even the submission as regards certain other candidates who were similarly situated and having been given the interim relief would be of no consequence - The petitioner would not be permitted to gain any impetus on account of filing of writ petitions at the hands of candidates who were vigilant with regard to their rights and had approached the writ Court without any delay. (177) PLR
  3.         Constitution of India, Art. 226, 227 - Issues arises out of labour court proceedings applying just and equitable labour law principles and not strict rules of service jurisprudence - Endorse the work of the tribunal as just and fair and not open to interference in supervisory jurisdiction of this Court either under Article 226 or 227 of the Constitution. (182) PLR
  4.         Constitution of India, Art. 226, 227 - Orders passed by Armed Forces Tribunal - Dismissed the writ petitions being not maintainable and relegate the petitioners to their respective alternative remedies as are available in law - Armed Forces Tribunal Act, 2007 (55 of 2007).  (179) PLR
  5.         Constitution of India, Art. 226, 227 - Petitioner in terms of the excise policy is entitled to claim equality in the grant of exclusive right or privilege of manufacturing or selling liquor - The arbitrary action of the State even in liquor licence matters is amenable to challenge - Further, once an agreement is reduced to writing, it shall be binding on the parties to the agreement and no party has any right to relieve itself of its contractual obligations unilaterally - Still further, the action of the State in altering, modifying or withdrawing any contractual obligation unilaterally would entitle the petitioner to invoke the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India.  (176) PLR
  6.         Constitution of India, Art. 226, 227 - What is not pleaded is not open to proof - New matter cannot be taken into consideration for the first time in the writ proceedings - Industrial Disputes Act, 1947 (XIV of 1947) S. 25-F.  (182) PLR
  7.         Constitution of India, Art. 226, 227 - What was challenged by the members of the Society was an order passed by the Registrar and the Revisional Authority under the provisions of the Act and the Rules framed thereunder - The prayer was to set aside the orders passed by the authorities below - Even if the said petitions(s) were styled as a petition under Article 226, the content and the prayers thereunder being ones requiring exercise of supervisory jurisdiction only, could be treated as petitions filed under Article 227 of the Constitution only - Delhi Co-operative Societies Rules 1973, Rule 36. (S.C.)(180) PLR
  8.         Constitution of India, Art. 226, 227 - Writ of Certiorari - Order passed by Appellate Tribunal for Foreign Exchange, New Delhi - Pre-deposit 15% of the penalty amount as a condition precedent for hearing of the appeal - Reasonable and justified. (182) PLR
  9.         Constitution of India, Art. 226, 311 - Writ of quo warranto -  Chairman-cum-Managing Director of POWERCOM - It shall be possible to trace every top description to some statute or the Constitution but that cannot make it a public office - It should relates to function of a State which undertakes in public interest and that appointee's position must be expressly governed under the statute - If it fails this test, then the holder of such office cannot be taken to be a holder of public office - The Chairman in a Power Corporation is not a named officer in the statute, that enable setting up a Corporation and  would, therefore, hold that it is not a public office which will be amenable for issue of writ of quo warranto - The petition would fail for this reason only - Electricity Act, 2003 (36 of 2003). Held, that  sovereign function does not necessarily stay confined to administration of foreign affairs or security of State. The State engages itself in diverse activities and it will be difficult to restrict the application of doctrine only to an activity which only a State can perform. Indeed, education itself cannot be taken to be the exclusive preserve of the State activity nor can electricity be. The test shall be whether it an office created under the Constitution or under a statute that delineates the function of such office. Illustratively, the office that qualifies for a civil post and subject to control of Article 311 or an office that is spelt out as specifically created under a statute could alone come within the definition. If the Electricity Act created an office of a Chairman-cum-Managing Director and prescribe his tenure and qualifications, I would go as far as to state that such office would be a public office. It shall be possible to trace every top description to some statute or the Constitution but that cannot make it different a public office. It should relates to function of a State which undertakes in public interest and that appointee's position must be expressly governed under the statute. If it fails this test, then the holder of such office cannot be taken to be a holder of public office. The Chairman in a Power Corporation is not a named officer in the statute that enable setting up a Corporation and I would, therefore, hold that it is not a public office which will be amenable for issue of writ of quo warranto. The petitioner would fail for this reason only. (178) PLR
  10.         Constitution of India, Art. 226 - Admission of MBBS Course - National Eligibility-cum-Entrance Test-UG,2013 (NEET) - Under sub-clause (e) of the said clause, Gallantry Award/Other Award Winners both serving/retired, have been placed at the same level, which has created the anomaly and the Gallantry Award has not been placed at a higher level - Thus, the State, in its wisdom, has not given any preference to Gallantry Awards and placed it at par with the other Award Winners - Petitioner has been wrongly denied consideration for admission and the benefit of the Commendation Certificate, issued in favour of his father, was liable to be given to the petitioner - Not be appropriate to grant admission to the petitioner at the cost of respondent No.7, by cancelling her admission, as at this stage, the seat at ACMS would also go waste where the petitioner is already studying. (176) PLR
  11.         Constitution of India, Art. 226 - Admission to MBBS Course - Never filed the writ petition immediately in the year 2012 and also could not get the admission in the academic sessions 2013-14 on the basis of her rank - Though found eligible - Petition dismissed. (174) PLR
  12.         Constitution of India, Art. 226 - Allotment of property to riot victims - Petitioner has undisputably sold the flat and thus has no locus standi to question its resumption for non-payment of the balance allotment price - Secondly, the petitioner deserves no sympathy in equity as she is guilty of misusing the concession of Government policy meant to help out the victims in dire need; made profit out of it and now she is again masquerading as a riot victim.(181) PLR
  13.         Constitution of India, Art. 226 - Alternate remedy - Northern Regional Committee of NCTE has declined the application for recognition for the B.Ed. Course of two years duration - Said order is appealable under Section 18 of the National Council for Teacher Education Act, 1993  - Jurisdiction under Article 226 of the Constitution of India should not be exercised once there is an alternate remedy available under the statute.      (180) PLR
  14.         Constitution of India, Art. 226 - Alternative remedy - Filed objections to the legality of the draft assessment order - Respondent under Section 144C(5) of the Act upheld the computation of book profit for the purpose of MAT made by the Assessing Officer under section 115JB of the Act in the draft assessment order - Well recognized that when a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of - In the present case, after going through the narration of overall facts and the impugned orders passed by the respondent authorities, we find and it is not disputed by the learned counsel for the petitioner that the orders are appealable - Consequently, the petitioner should avail the alternative remedy of appeal against the orders passed by the authorities - Income Tax Act, 1961 (43 of 1961) S. 144(5), 115 JB. (183) PLR
  15.         Constitution of India, Art. 226 - Anganwari worker - Which is an engagement offered under a Central Government Scheme in implementation of a scheme in Haryana is not a public/civil post yet the principles attaching to educational qualifications earned from recognized institutions in appointments or engagements would apply - Daughter of petitioner is of marriageable age and a minor daughter and son studying in junior school which may itself be a factor against her as it may not leave her much room to do community service under the scheme.  (174) PLR
  16.         Constitution of India, Art. 226 - Armed Forces Tribunal Act, 2007 - Judicial review exercised is not an appellate jurisdiction - Power of judicial review is to examine the decision making process and if the decision making process contravenes the statutory regulations or the instructions issued, to correct the same - If the Invalidating or Release Medical Board has not given any categorical opinion that the disease could not have been detected on medical examination; the disease which led to discharge of an individual will be deemed to have arisen in service, then this court in exercise of the power of judicial review will strike down such decision for the reason that the Medical Board has failed to carry out the mandate given to them by the Regulations and the instructions by the Central Government - But, if the Invalidating or Release Medical Board has categorized that the disability is either not attributable to military service or aggravated by military service for the reason that it could not be detected at the time of entry into service, then the said opinion is in terms of the Regulations and instructions issued and cannot be substituted while exercising the powers of judicial review - Pension Regulations for the Army, 1961. (175) PLR
  17.         Constitution of India, Art. 226 - Armed Forces Tribunal Act, 2007 (55 of 2007) - Court has power of judicial review in respect of the judicial decisions of the Tribunal in terms of Article 226 of the  Constitution. (173) PLR 7
  18.         Constitution of India, Art. 226 - Award of Industrial Tribunal - Is not open to be disturbed in writ proceedings - No reason to differ with the view of the Labour Court properly formed and superimpose it by another possible view which is not part of the function of the writ court in the remedy provided in Article 226 of the Constitution as this Court does not sit in appeal against awards of Tribunals - After all, the labour court is the last court of fact and law and when its jurisdiction and discretion has been exercised judicially and judiciously intercession is not warranted.  (180) PLR
  19.         Constitution of India, Art. 226 - Cessation of service on account of an order of dismissal - The order of dismissal gives rise to an actionable cause which is required to be challenged within the period of limitation; else the claim would be barred by time. (176) PLR
  20.         Constitution of India, Art. 226 - Claim for interest on delayed payments on provident fund, gratuity, leave encashment, GIS and revised grade - Delay of 6 to 9 months in making payment - Petition lies - Court is of the considered view that the interest at least @ 12% per annum deserves to be awarded to the petitioning retiree for the period of delay on the amounts paid after delay. (182) PLR
  21.         Constitution of India, Art. 226 - Contends that actually the trial court pronounced its decision dismissing the civil suit on 05.10.2015 but when the copy of judgment was received it was noticed that the suit has been decreed - Data allowed from computer system status has been referred to as `case disposed of' and nature of disposal has been mentioned as `contested dismissed' - Petition is dismissed with liberty to the petitioner to avail the remedy either on administrative side or on the appellate side.  (183) PLR
  22.         Constitution of India, Art. 226 - Death in India - Was on medical visa in the India - Available records has been mentioned as medical treatment at Artemis Hospital Gurgaon - Was a Nigerian Citizen - Dead body lying in mortuary - Is decomposing day-by-day, which is even evident from the fact that the embalmers designated by the Nigerian High Commission had informed, after their decision, that the body of Mr.X had decomposed and is not in a position to be repatriated to Nigeria - Commissioner, Municipal Corporation, Gurgaon - Is directed to take custody of mortal remains of Mr.X forthwith and perform requisite rituals of his burial in a Christian Cemetery in Gurgaon or nearby with the assistance of Red Cross Society, which shall be monitored by the Deputy Commissioner, Gurgaon - Needless to mention that a suitable epitaph shall also be erected on the grave of Mr.X inscribing his name, date of birth etc. so that he can be identified in future by his family members.  (180) PLR
  23.         Constitution of India, Art. 226 - Delay - Pension was not the bounty of the State but right of the petitioner - Right to get pension gives a continuing cause of action to the petitioner - In this view of the matter, the claim put forth by the petitioner cannot be said to be suffering from any delay and latches, particularly because of the reason that petitioner has become 100% disabled, being a blind person. (178) PLR
  24.         Constitution of India, Art. 226 - Delay - Petition having been filed more than three years after the passing of the order is liable to be dismissed.    (177) PLR
  25.         Constitution of India, Art. 226 - Delay - Present petition having been filed more than 10 years after the order of dismissal from service was passed and more than 3 years after the appeal filed by the petitioner against his conviction was disposed of by this court, deserves to be dismissed on account of delay and laches only. (178) PLR
  26.         Constitution of India, Art. 226 - Delay - Service of the petitioners were dispensed with - Petitioner felt satisfied with the order so passed and never raised grievance till such time, the legal notice was got issued for the first time about six years thereafter - Merely because on a direction sought from this Court in a writ petition so filed, a fresh order has been passed by the authorities, the stale claim will not get revived. (177) PLR
  27.         Constitution of India, Art. 226 - Dismissal of suit - After the dismissal of the civil suit, the petitioner has no locus standi to file this civil writ petition.       (180) PLR
  28.         Constitution of India, Art. 226 - District Bar Association (Constitution and Registration) Rules, 2009, Rule 9 - District Bar Association does not appear to be a registered body but as an association that has prepared a charter - I will allow for the clauses to be operative and binding upon all the members as a multi-lateral contract - Decision to expel a member is made, it is no cause for a celebration for any one - Atleast not to the member who is expelled -It is a painful incident and it must be carried through with such dignity as situation might  demand - Associative manner of carrying through the resolutions of expulsion was grossly imperfect - The decision to expel cannot be legally supported - The impugned resolution is quashed. (178) PLR 
  29.         Constitution of India, Art. 226 - Effort to unsettling a settled seniority after many decades is not prudent exercise of discretionary jurisdiction provided by Article 226 of our Constitution as it would cause administrative chaos and needless disturbance to the vertebral column of the seniority list upon which many promotions may have been based occurring from time to time - Noninterference is the better option legally available especially when the petitioner and the others have retired from service meanwhile. (183) PLR
  30.         Constitution of India, Art. 226 - Electricity Act, 2003 (36 of 2003) S. 127 - Appeal is the creation of statute - All pleas whether factual or legal can always be taken in appeal if it is provided in statute - Petitioner has admitted the availability of right of appeal under Section 127 of the Act - The only reason for which the petitioner has not availed the remedy, is stated to be an onerous condition of depositing half of the amount before passing the final order before his appeal could be heard - Cannot be allowed to be a reason for challenging the order of assessment, may be that of provisional or final, by way of writ petition, circumventing remedy of appeal.(181) PLR
  31.         Constitution of India, Art. 226 - False imputation of rape and murder and consequential incarcation constitute humiliation to whole family and violation of human right - Award of compensation to the members of the family - The compensation assessed was for violation of human right of an individual against arbitrary arrest and police torture - The human rights jurisprudence providing reparation through monetary compensation has long been established. (182) PLR
  32.         Constitution of India, Art. 226 - Golf playing facilities within the defence area - Impugned orders are passed by a functionary of the State and the orders specifically reads that the status of civilian membership was being changed as per the policy guidelines of the Army Headquarters - It will be wrong to assume that the amenability of the writ jurisdiction of the State or its functionality will be confined only to activities strictly confined to State or the sovereign function - It is invariably the actor that is more relevant than the activity - If the Army therefore, runs a golf club and it is administered by officers drawn essentially from the Army and its own activities are monitored by Headquarters, then, by the fact that the decision is taken by the public officers, their decisions ought to be subject to judicial control. (177) PLR
  33.         Constitution of India, Art. 226 - Government grants to its employees maternity leave benefit including to its contract employees of a total of 180 days then it deserves to treat the Society and its employees as its own having given birth to Society - Government funds the society, controls and guides the society and remains vicariously liable to pay the salary of the remaining three months i.e. for the balance period - The petitioner is a married woman who has a fundamental right to bear child. (182) PLR
  34.         Constitution of India, Art. 226 - Government of Punjab has taken a conscious decision to derecognize the JBT diploma passed by a candidate from the State of Himachal Pradesh - No writ of mandamus to appoint the petitioner on the basis of the said qualification can thus be issued.  (182) PLR
  35.         Constitution of India, Art. 226 - Haryana Civil Services (Judicial Branch) - Written Examination - In a writ petition, we are not to examine the numerable circumstances, which may ensue as a result of deletion of such questions - As a part of judicial review, the jurisdiction of this Court is to examine the decision making process - Whether the decision making process of deleting the questions is so arbitrary, unreasonable or irrational that it cannot be sustained - The examining body is the most suitable to decide, whether such questions are vague or the options are incorrect or not possible - Such decision of the examining body has to be respected - The decision of the examining body that questions need to be deleted cannot be said to be arbitrary, unreasonable or irrational, which may warrant interference by this Court in exercise of its writ jurisdiction. (178) PLR
  36.         Constitution of India, Art. 226 - Income Tax 1961 (43 of 1963) - Land Acquisition Act, 1894 (1 of 1894) - Tax deducted at source on the element of interest which was paid on account of delay in payment of enhanced compensation regarding acquisition of their agricultural land - Challenge as to - Writ petitions are not maintainable as the petitioners have alternative remedy by way of filing the income tax returns and getting the tax deducted at source adjusted against their tax liability. (173) PLR
  37.         Constitution of India, Art. 226 - Instances have come to the notice of this court in the present roster where the orders impugned are in the shape of replies filed to the legal notices/representations - This is not a happy situation - The Government is legally bound to decide the legal notice by passing orders and rendering decisions by the competent authority, who only could be made responsible for actions of the Government on judicial review before this Court - Court cannot treat the letter as an order of the government. (182) PLR
  38.         Constitution of India, Art. 226 - Instant writ petitions have been  filed after more than four years of passing of the said order and thus suffer from delay and latches and are liable to be dismissed on that count for, no explanation, much less satisfactory explanation is coming forth for the delay.  (180) PLR
  39.         Constitution of India, Art. 226 - It has become the bane of litigants to throng this Court with representations and legal notices based on half-baked writ petitions asking for directions indiscriminately to the State functionaries to decide them when they possess no demonstrably vested or accrued right to the relief claimed - Trying to wrest an order from Court to help the creation of a fresh cause of action that has long been dormant, just as in this case - Every day of every week and each week of every month of every year when goes by is crucial to a case involving direct recruitment to public service where third party rights are settling in or have settled - If the time of the Court is precious then the casual litigant must recognise that the bureaucrat's time is also precious. (178) PLR
  40.         Constitution of India, Art. 226 - It is well settled that a writ petition cannot be entertained on the basis of a news-item of which no public notice can be taken - In the absence of any notice issued by the Board in any newspaper or uploaded on its website the writ petition cannot be entertained - Counsel for the petitioners only refers to a newspaper report which has no legal value except as a fact and proof of publication - It would be too much to attribute authenticity or credibility to any information or fact merely because it found published in a private newspaper or journal or magazine or any other form of communication from outside the portals of the Board, and to treat it as the gospel truth - It needs no reiteration that newspaper reports per se do not constitute legally acceptable  evidence - Evidence - Newspapers Report. (175) PLR
  41.         Constitution of India, Art. 226 - Jurisdiction - Court has no territorial jurisdiction to adjudicate upon the lis  over an order passed by the Assessing Officer at New Delhi - The petitions are returned to the petitioner for filing before the competent court of jurisdiction in accordance with law - Income Tax Act, 1961 (43 of 1961). (182) PLR
  42.         Constitution of India, Art. 226 - Jurisdiction - Court has no territorial jurisdiction to adjudicate upon the lis  over an order passed by the Assessing Officer at New Delhi - The petitions are returned to the petitioner for filing before the competent court of jurisdiction in accordance with law - Income Tax Act, 1961 (43 of 1961). (182) PLR
  43.         Constitution of India, Art. 226 - Limitation - If the limitation in bringing a civil suit to challenge such an order has run out it is prudent for the writ court not to interfere in a proceeding under Article 226 of the Constitution of India.  (180) PLR
  44.         Constitution of India, Art. 226 - Maintenance and Welfare of Senior Citizens Act, 2007 (56 of 2007) S. 16 - A daughter-in-law, being an aggreieved party, has a right of appeal under Section 18 of the Act - Since it is held that the petitioner has a statutory right of appeal against the impugned order passed by the Tribunal, she is relegated to the alternative statutory remedy of filing an appeal against the impugned order before the Appellate Tribunal. (179) PLR
  45.         Constitution of India, Art. 226 - Once the petitioner, who was a teacher, has been convicted for an offence under Section 376 IPC, he was rightly dismissed from service. (178) PLR
  46.         Constitution of India, Art. 226 - Pendency of eviction proceedings, he has invoked writ jurisdiction of this court to injunct the respondents from demolishing the `Dhaba' in question - No direction of this nature can be issued by way of mandamus - In case eviction proceedings against the petitioner are pending, he can move an appropriate application before the concerned authority - During pendency of eviction proceedings, he has invoked writ jurisdiction of this court to injunct the respondents from demolishing the `Dhaba' in question - No direction of this nature can be issued by way of mandamus - In case eviction proceedings against the petitioner are pending, he can move an appropriate application before the concerned  authority - Municipal Corporation has also relied upon direction given by High Court wherein it was directed that all encroachments abutting the scheduled road to be removed. (177) PLR
  47.         Constitution of India, Art. 226 - Pendency of eviction proceedings, he has invoked writ jurisdiction of this court to injunct the respondents from demolishing the `Dhaba' in question - No direction of this nature can be issued by way of mandamus - In case eviction proceedings against the petitioner are pending, he can move an appropriate application before the concerned authority - During pendency of eviction proceedings, he has invoked writ jurisdiction of this court to injunct the respondents from demolishing the `Dhaba' in question - No direction of this nature can be issued by way of mandamus - In case eviction proceedings against the petitioner are pending, he can move an appropriate application before the concerned  authority - Municipal Corporation has also relied upon direction given by High Court wherein it was directed that all encroachments abutting the scheduled road to be removed. Ranjit Singh v. The State of Punjab & ors. . (177) PLR
  48.         Constitution of India, Art. 226 - Petitioner have challenged the election programme as well as electoral roll alleged to be illegally prepared - Therefor, instant writ petition is not maintainable - However, the petitioners can be relegated to pursue their alternative remedy available to them under Chapter VIII of `the 1961 Act' - Punjab Co-operative Societies Act, 1961 (25 of 1961) - Punjab Co-operative Societies Rules, 1963.  (180) PLR
  49.         Constitution of India, Art. 226 - Petitioner was enrolled in Indian Navy as Boy - Diagnosed to be suffering from `Epilepsy Temporal Lobe LT' - He was downgraded to medical category EEE (P) by a duly constituted Medical Board and invalidated out of service on 28.03.1978 without pensionary benefits - Medical Board Report does not show that such disease could not be detected at the time of joining of the service of the petitioner - It was reported that `Constitutional Disability existed before joining service and the individual did not report about the seizures during entrustment' - The said opinion of the Medical Board is not sufficient to discharge the burden of payment of disability pension for the reason that the Rules require a categorical finding from the Medical Board that the disease could not be detected at the time of entry into the military service. (176) PLR
  50.         Constitution of India, Art. 226 - Petitioner  cleared PMET Test 2010 - Deposited the amount of fee - Left the course in the middle of the session - Respondent had never stopped the petitioner from attending the classes - Seat remained vacant - Not entitled to refund of fee - Petition is disposed of with liberty to the petitioner to avail his remedy or defend any proceedings in case the private respondent No.3 prefers any further claim against him in accordance with law - However, regarding the original documents, which are in custody of respondent No.3 - The same shall be handed over to the petitioner - PMET 2010 - Admission in BDS Course.  (182) PLR
  51.         Constitution of India, Art. 226 - Petitioners chose to get the said S.A. dismissed - For non-prosecution - Petitioner having having not sought revival of the S.A. cannot invoke the jurisdiction of this Court under Article 226 of the Constitution of India - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002). (173) PLR
  52.         Constitution of India, Art. 226 - Plea of fraud is sought to be raised pertaining to power of attorney produced for getting sale deed registered - Have to be established in appropriate proceeding - Court in writ jurisdiction will not be able to record a finding thereon, there being two different communications from the authority before whom the power of attorney was registered, taking a different view. (182) PLR
  53.         Constitution of India, Art. 226 - Present writ petition filed by the petitioner nearly after 13 years of his retirement to claim certain benefits to which he claimed to be entitled to 12 years before his retirement certainly deserves to be dismissed on account of delay and laches as there is no satisfactory explanation available for delay. (175) PLR
  54.         Constitution of India, Art. 226 - Present writ petition is substantially disputing an order passed by this Court in Regular First Appeal on 01.06.1989 - The Letters Patent Appeal against the said order is not maintainable nor the remedy was availed at the relevant stage - Therefore, what could not be directly done, cannot be permitted to be done indirectly - The order passed by the learned Single Judge in an appeal cannot be permitted to be disputed in a writ petition - The order passed by the learned Single Judge is not open to challenge in a writ petition - Civil Procedure Code, 1908 (V of 1908) S. 115 - Land Acquisition Act, 1894 (1 of 1894) S. 18. (182) PLR
  55.         Constitution of India, Art. 226 - Present writ petition is the result of frivolous and vexatious litigation which amounts to abuse of process of law - Writ petition has been found to be based on malafide intentions of the petitioner to settle his personal score with respondent No.3 because of professional rivalry between respondent No.3 and the wife of the petitioner - Petitioner has misused his position as a public servant being Senior Medical Officer-cum-Sub Divisional Appropriate Authority under the PNDT Act for espousing the cause of his wife against whom above said FIR has been registered for violation of the provisions of PNDT Act and petitioner was also a co-accused - Thus, the present writ petition has been found to be frivolous, vexatious and motivated which was liable to be dismissed with costs - Rs. 50,000/- awarded as costs. (174) PLR
  56.         Constitution of India, Art. 226 - Principal who granted the Attorney had died, therefore, the Attorney no longer survives - The petitioner can claim rights under the attorney, if he is able to establish that an interest was created in his favour - The plain reading of the attorney does not lead to such inference - It may be possible to return such finding on the basis of documents, which the petitioner may possess to assert that with or/and at the time of execution of power of attorney, an interest in the property was created - In the absence of any legal heir of the original owner on record, the writ jurisdiction is not the appropriate  Forum to decide questions of title.  (178) PLR
  57.         Constitution of India, Art. 226 - Public Park - A public park/open space cannot be reserved for any particular category of persons, howsoever high or mighty - A perceived security threat cannot be used as an excuse to exclude the general public from using a park - The so called ministers park is bounded by a high wall and its gates have been locked apparently on a misplaced notion of security for a privileged few - The public at large shall be entitled to an unhindered access - Directions.  (182) PLR
  58.         Constitution of India, Art. 226 - Punjab Civil Service Rules, Volume I, Part I - Right to claim additional increment arose, when he was promoted as Additional District & Sessions Judge, but was not granted any additional increment - The petitioner did not raise any claim till the time he submitted the representation to this effect on 13.03.1997  - Therefore, we find that the petitioner has acquiesced in his pay fixation from the year 1984 till 1997 - Has not raised any claim for almost thirteen years after the cause to dispute proper fixation of pay arose - Therefore, under the guise of recurring cause of action, the petitioner cannot be permitted to claim additional increments after 13 years of pay fixation.  (174) PLR
  59.         Constitution of India, Art. 226 - Punjab Civil Services (Judicial Branch)  v.  has not invoked the writ jurisdiction of this Court, when he was not offered appointment letter - The petitioner filed the present writ petition on 16.07.2008 i.e. after more than six years of the accrual of the cause of action - Since the petitioner has not invoked the jurisdiction of this Court soon after the cause of action arose to him, we find that the present petition suffers from gross delay and laches, more so when none of the junior has been appointed.  (174) PLR
  60.         Constitution of India, Art. 226 - Punjab State Power Corporation Ltd. - Merely because the posts are lying vacant will not clothe the petitioner with any right, much less legal right to approach this Court seeking a direction to the respondents to fill up the vacancies by relaxing the minimum qualifying  marks - To stick to the qualifying marks is an action on the part of the respondent Corporation, with which I find no fault - It is up to the employer to finalize and fix the qualifications he requires for manning the posts under it. (178) PLR
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  67.         Constitution of India, Art. 226 - Punjab State Teacher Eligibility Test - Extent of intervention by a Court shall be very minimal - Court shall not play the role of expert to find out correct answers - Undertaken the exercise because the key answers are outlandish and completely wrong - [Q. No.5 Gender related with - Correct answer-difference between men and women due to biological characteristics] - [Q No.18. (following are not helpful for low vision student) - Correct answer is (braille based items) - [Q No.86 Use of multimedia in language class ensures____] - Correct answer is Effective teaching learning process - [Q No.89. To develop reading proficiency, learners should be trained to] - Correct answer is Read rapidly and correctly.       (177) PLR
  68.         Constitution of India, Art. 226 - Punjab Town Improvement Act, 1922 (4 of 1922) - Acquisition - Instant writ petition deserves dismissal on the ground of delay and laches, acquiescence on the part of the petitioner especially when the possession of acquired land had already been taken and the land stood developed by the Trust under a Residential-cum-Commercial scheme. (179) PLR
  69.         Constitution of India, Art. 226 - Question really is whether a writ of mandamus can be issued to the State to ignore or relax recruitment rules of Constables when the petitioner is short of the required standard - Court cannot issue a direction as sought for in the writ petition in the garb of tinkering or changing policy of recruitment based on rules and instructions or the "hidayat" of the Government on its personal notions of what is fair and proper - The rules are inviolable - The court cannot exercise discretion to further dilute the maximum discretion allowed to the DGP, Punjab by law - Punjab Police Rules, 1934. (182) PLR
  70.         Constitution of India, Art. 226 - Recruitment as constable to Punjab Police - A candidate who has succumbed to the changed selection process; faced an interview, and participated willingly and without protest and failed on merit, can such candidate complain after nearly three years of slumber to question the process of selection and challenge it - A constable is always expected to stay within physical fitness standards relaxed or otherwise as fixed - After all, she took her chances and a chance inherently depends on many variable factors which can become known only ex post facto - Therefore, I think that the principle of waiver can and should be applied to the case of the petitioner but not to those who were before the Court agitating their rights in the three writ petitions. (178) PLR
  71.         Constitution of India, Art. 226 - Respondent-Bank has also raised a preliminary objection about the maintainability of the writ petition on account of the fact that it is a private bank - Taking into consideration the nature of functioning of Indusind Bank-respondent which has been governed by the Banking Regulation Act, 1949, and being a Scheduled Bank in the 2nd Schedule of the Reserve Bank of India Act, 1934 in the context of the judgment referred to aforesaid, it cannot be said that the writ petition would not be maintainable.  (174) PLR
  72.         Constitution of India, Art. 226 - Right to live in a pollution free environment emanates from Article 21 of the Constitution and it is a non-negotiable fundamental right - Mere declaration of a particular revenue estate as an Industrial Zone by the State Government cannot per se  impinge upon such an absolute right of the     petitioners. (182) PLR
  73.         Constitution of India, Art. 226 - School Teacher Eligibility Test - (STET) - Impersonation and fraud - Prayer is to restrain the respondents from initiating criminal proceedings against them - Petition thus, on this count as well, is premature - Even if a criminal proceeding is lodged against the petitioners, they have adequate remedies under the Code of Criminal Procedure, 1973, which they are at liberty to avail of, if so advised - It is the prerogative of the State to initiate criminal proceedings against the persons, who, according to them, have indulged in impersonation and fraud, especially when such action is being taken under orders of this Court.  (180) PLR
  74.         Constitution of India, Art. 226 - Selection of candidate - Lecturers - In cases of direct recruitment and appointment to public service, the Court should be approached without delay - Belated approach is often fatal in discretionary jurisdiction provided in Article 226 of the Constitution since recruitment involves third party rights which may have settled and should not be disturbed or kept fluid by those who slumber and do not ventilate their grievances within reasonable time. (182) PLR
  75.         Constitution of India, Art. 226 - Setting aside exparte award - Petitioner  was proceeded ex parte as presumption was raised that the due service had been effected on it as the registered notice had not been received back unserved - However, the case of the petitioner is that it had not received the summons and due to this reason, none could appear on its behalf before the Industrial Tribem Analyst in the establishment.
  76.         Constitution of India, Art. 226 - Society for Cultural Resources and Training - Award of  scholarship - Valid criteria has been fixed - The assessment of the ability of the petitioner is a subject which was for the Committee to see within the prescribed guidelines - The said guidelines are not a subject matter of challenge in any manner - Nothing has been shown to this Court by which it is mandatory to fill up all the seats - Settled principle that a decision of academic experts is not to be gone into by this Court and the Court cannot substitute its opinion of the experts.(181) PLR
  77.         Constitution of India, Art. 226 - Society for Cultural Resources and Training - Seats for scholarship - Performing public functions - Always open to the Court to examine whether these actions are justified or not.(181) PLR
  78.         Constitution of India, Art. 226 - Society for the Promotion of Quality Education for Poor and Meritorious Students of Punjab - Society qualifies as "other authority". (182) PLR
  79.         Constitution of India, Art. 226 - Sunday Car Bazar - No justification in the action of the Corporation in allowing 43 members of respondent No.3-Association as a matter of right to carry on the business of sale of old cars on every Sunday on payment of fixed fee of Rs.2,500/- plus service tax, whereas balance 17 sites are to be allotted either by way of auction or draw of lots - Once some rights were being conferred on different persons in the same area, there was no question of applying two methods for allotment thereof - All have to be treated equally - The action of the authorities smacks of total arbitrariness. (175) PLR
  80.         Constitution of India, Art. 226 - Tender - Respondents preliminary objection to the effect that the petition is not maintainable as the petitioner is not a bidder is not well founded. (183) PLR
  81.         Constitution of India, Art. 226 - Tender - Technical issues - Indian Oil Corporation - As regards the condition contained in the Notice Inviting Tender stipulating tender cannot be split to be unreasonable and arbitrary would be beyond the scope of writ jurisdiction - Judicial review in contractual matters is confined to the manner in which the decision is taken rather than the decision itself. (180) PLR
  82.         Constitution of India, Art. 226 - The administrative matters like transfer etc. the scope of judicial review is very limited - Guidelines were not followed - The Court cannot interfere in the transfer order unless it is vitiated by mala fide or some statutory provisions are violated - In view of the aforesaid ratio of law laid down by the Hon'ble Apex Court, the guidelines issued by the respondents does not confer any legal and enforceable right upon the petitioner to challenge the transfer simply on the ground that those guidelines have been violated. (182) PLR
  83.         Constitution of India, Art. 226 - The petitioner in order to take undue advantage, while misleading the Court has appended the Regulations, 2007 to highlight the manner of making application which suits the petitioner because it did not send the application electronically by online mode and had rather allegedly sent the application by Registered post which was not acceptable in terms of the Regulations, 2009 - Costs of Rs.1,00,000/- awarded. (173) PLR
  84.         Constitution of India, Art. 226 - Tort - Death by a raging bull - Rs.10,00,000/- awarded with 9% interest from the date of filing the petition - Assessed the quantum with insufficient details of his financial status, the extent of dependency and the contribution to the family will be open to the petitioner to seek for redressal by an independent suit - If such a suit were to be filed within a period of limitation, institution of the writ petition before this court and adjudication made will not come in the way except that the amount now provided for will be given credit.  (178) PLR 
  85.         Constitution of India, Art. 226 - Was selected as Lecturer in a government College - Against a teaching post with salary defrayed from Parents Teachers Association - Engagement was through the aegis of the SIP Society for Information-Communication Technology Education with salary paid by the Society and not by the Punjab Government - Petitioner did not enter into a contract with the Government nor was engaged by it nor was paid directly from public funds for work performed on guest faculty - Rights and liabilities of the parties involved which appear not to involve fundamental rights but only civil which lie in private law domain based on an employment contract of which breach is complained - Writ petition not maintainable. (178) PLR
  86.         Constitution of India, Art. 226 - Well settled that ordinarily a writ petition can only be filed by someone who is personally aggrieved - The powers under Article 226 of the Constitution of India should be sparingly used and only in those clear cases where the rights of a person have been seriously infringed and he has no other adequate and specific remedy available to him. (183) PLR
  87.         Constitution of India, Art. 226 - What can be corrected is an error of law, which shall be of such a character which is apparent on the face of the record and if the statutory provision is capable of two constructions and one of it had been adopted by the Tribunal, it may not be desirable to correct the same by way of writ of certiorari. (174) PLR
  88.         Constitution of India, Art. 226 - Whether to an agreement, after executing the work thereunder and drawing benefits therefrom, can be allowed to turn around and say that one clause of the agreement being onerous, was illegal - Petitioner -company was not a poor employee, hence not entitled to invoke the writ jurisdiction of this Court - It was a rich organization doing business running into crores of rupees - It was not the compulsive necessity of the petitioner-company to enter into an agreement with the respondent - The petitioner-company, doing the business on a large scale, cannot be expected to be ignorant or illiterate - Had there been no dispute between the parties about the payment for the work executed by the petitioner-company, all these conditions including the impugned sub-clause (viii) of clause 25-A of the agreement would have perfectly worked. (173) PLR
  89.         Constitution of India, Art. 226 - Writ - Anganwari worker - Do not hold civil posts under the State or the Central Government, the latter being the sponsoring and funding agency of the scheme, but that does not necessarily mean that proceedings under Article 226 of the Constitution are not available to such workers in appropriate cases where rights are created or taken away by State functionaries whose actions and in-actions would remain open to judicial review.  (174) PLR
  90.         Constitution of India, Art. 226 - Writ - Is maintable against a Co-operative Bank. (176) PLR
  91.         Constitution of India, Art. 226 - Writ jurisdiction is exercised only for activities of State or its instrumentalities - The Bar Association is neither a State nor an instrumentality - It is not a gain to state that the private dispute in some way which has a public law element cannot come through the court's intervention under Article 226 of the Constitution of India - Advocates Act, 1961 (25 of 1961). (177) PLR
  92.         Constitution of India, Art. 226 - Writ of Mandamus - Punjab State Teacher Eligibility Test - Clause - "In  case of any dispute, the question in English will be treated as final - Candidates are advised to refer to question in English in case of any doubt/confusion/lack of clarity" - Said clause cannot be held to be applicable since the petitioner has attempted his paper in Punjabi - For him there was no such confusion and it would not be possible for him to have such intricate grammatical knowledge of English language.  (178) PLR
  93.         Constitution of India, Art. 226 - Writ petition deserves dismissal on the ground of delay and laches, acquiescence on the part of the petitioner especially when the possession of acquired land had already been taken and the land stood developed by the Trust under a Residential-cum-Commercial Scheme. (179) PLR
  94.         Constitution of India, Art. 226 - Writ petition was withdrawn with a liberty to challenge the Rules stating that those Rules violate the University Grants Commission Act, 1956 (in short "1956 Act") and All India Council of Technical Education Act, 1987 (in short "1987 Act"), besides other grounds - Have seen the grounds additionally taken in this writ petition - These grounds are fully covered, under the grounds taken in the earlier writ petition - As such, we feel that it was not open to the petitioners to file a fresh writ petition on the same cause of action which they have agitated before the learned Single Judge - Even headnote of the writ petition, filed earlier, is the same.  (175) PLR
  95.         Constitution of India, Art. 226 and 227 - Writ of Certiorari under Article 226 though directed against the orders of a inferior court would be distinct and separate from the challenge to an order of an inferior court under Article 227 of the Constitution - The supervisory jurisdiction comes into play in the latter case and it is only when the scope and ambit of the remedy sought for does not fall in purview of the scope of supervisory jurisdiction under Article 227, the jurisdiction of the Court under Article 226 could be invoked. Held,  In the present case, what was challenged by the members of the Society was an order passed by the Registrar and the Revisional Authority under the provisions of the Act and the Rules framed thereunder. The prayer was to set aside the orders passed by the authorities below. Even if the said petitions(s) were styled as a petition under Article 226, the content and the prayers thereunder being ones requiring exercise of supervisory jurisdiction only, could be treated as petitions filed under Article 227 of the Constitution only. (2016)3 PLRSC 654
  96.         Constitution of India, Art. 226/227 - Primary challenge as raised in the writ petition is to the order of the executing court - In such circumstances, the writ petition is not the appropriate remedy and we do not find any justification to entertain this petition - Land Acquisition Act, 1894 (1 of 1894). (179) PLR
  97.         Constitution of India, Art. 226/227 - Scope of review - Power conferred is designated to effectuate the law, to ensure that rule of law is enforced and the statutory authorities and other organs of the State act in accordance with law - It is not to be invoked whereby authorities are directed to act contrary to law - Wherever, the extent of condonable period is specifically prescribed by a statute, it would not be appropriate even under Articles 226/227 of the Constitution to entertain the writ petition so as to breach the express provision in the statute and act contrary to the mandate of the legislature. Held,  that the power conferred under Articles 226/227 is designated to effectuate the law, to ensure that rule of law is enforced and the statutory authorities and other organs of the State act in accordance with law. It is not to be invoked whereby authorities are directed to act contrary to law. Wherever, the extent of condonable period is specifically prescribed by a statute, it would not be appropriate even under Articles 226/227 of the Constitution to entertain the writ petition so as to breach the express provision in the statute and act contrary to the mandate of the legislature. It is for the legislature to prescribe the limits or not to do so for condoning the delay. Exercise of extraordinary writ jurisdiction under Articles 226/227 of the Constitution of India would amount to doing violence to the statutory provision and rendering the same  otiose . In other words, the legislative intent is clear that the Parliament never intended that delay beyond specified period in filing the appeal could be condoned. It is not for the High Court to re-write the statute in the garb of exercise of its jurisdiction under Articles 226/227 of the constitution. (178) PLR
  98.         Constitution of India, Art. 226/227 - Secured creditor has been conferred right to enforce their security interest without the intervention of the Court or Tribunal cannot be blatantly  violated - Plea of alternative remedy is not an absolute bar for this Court to entertain a writ petition under Articles 226/227 of the Constitution of India, more particularly when there exists numerous violations of the statutory provisions - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002).  (176) PLR
  99.         Constitution of India, Art. 226/227 - Writ of Certiorari - Order passed by Appellate Tribunal for Foreign Exchange, New Delhi - Pre-deposit 15% of the penalty amount as a condition precedent for hearing of the appeal - Reasonable and justified. (182) PLR
  100.         Constitution of India, Art. 226(2) - After taking into consideration the entire facts and circumstances in which the petitioner, who alleged to have cheated the residents of UP while purchasing paddy and not making payment and has further sold his company to another company, which has also registered FIR against the petitioner and its company for cheating, merely because the goods have been transported from UP to Haryana - Would not give  a cause of action to seek a direction from this Court under Article 226(2) of the Constitution of India for the purpose of transfer of the investigation from UP to Haryana - Indian Penal Code, 1860 (XLV of 1860) S. 420, 406, 504 and 506.  (183) PLR
  101.         Constitution of India, Art. 226(2) - Whether the High Court can transfer the investigation from UP to Haryana in the given facts and circumstances - Petitioner who alleged to have cheated the residents of UP while purchasing paddy and not making payment and has further sold his company to another company, which has also registered FIR against the petitioner and its company for cheating, merely because the goods have been transported from UP to Haryana would not give them a cause of action to seek a direction from this Court under Article 226(2) of the Constitution of India for the purpose of transfer of the investigation from UP to Haryana. (183) PLR