Upgrad LLM

case laws

This query is : Resolved 
 

(Querist)
02 October 2009

I am contesting the case on the ground that "Appointment authority can act on its whims in making or decling appointment to any candidate"

Please provide the case laws if you come across any

Regards


Raj Kumar MakkadOnline (Expert)
02 October 2009

I think the onus of this point is not the appointing authority to show that he has got discretionary power under such and such law to make or decline the appointment and I think you have not to prove it. The citation, if any has to be produced by them. law nothing but a common sense. No person has got absolute and whimsical authority to make appointments or decline without any rule.

Kiran Kumar (Expert)
02 October 2009

if there has been violation of principles of natural justice or there has been some corrupt practice followed in the appointment then u can challenge the result on merits, i dont think any specific judgment is required at this stage.

set out ur claim or case as per the facts and apply the principles of law.

in case any constitutional point arises then u may need some judgment.

if possible mention facts of ur case for further help.

Sachin Bhatia (Expert)
02 October 2009

Agreed with Mr. Kiran

Adinath@Avinash PatilOnline (Expert)
02 October 2009

Mr. kiran explianed rightly at this stage case law not required.



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