Supreme court declares law on any unoccupied field. The said law is binding on all the courts/authorities within the territory of the India.But if legislation is passed on the same subjects , can said ruling which is law inits self has the binding force?
SC in 1994 in Madhuri Patil VS Commissioner Thane has ruled that , Competatnt Authority to issue caste certificate in the State of Maharashtra should be Dy Collector . However in the year 2005 , Maharshtra GOvernment has passed the legislation regulating issuance of caste certificate.The said act authorises state government to appoint officer to issue caste certificate . Act gives discretion to the state government to appoint Officer as a Competant authority.
My query is that can state government appoint other officer to as Competant authority?
