news details |
|
|
| HC directs CS & Ors to file objections in appointment of PSC Members case | | | Early Times Report
Jammu, Apr 16: In a petition filed by Mukerjeet Sharma, Wali Mohd. Batt, Dr Tejit Singh and Baldev Raj Lachotra challenging present Govt cabinet decision dated March 15, 2015 whereby previous Govt cabinet decision dated October 10, 2014 was ignored regarding appointments of Chairman and Members of J&K Public Service Commission, Justice Janak Raj Kotwal of J&K High Court Jammu Wing issued notices to Chief Secretary J&K, Commissioners/Secretaries GAD and law Dept and Principal Secretary Governor, and in the meantime asked respondents to file objections.
After hearing Sr Adv UK Jalali with Adv Anuj Sawheny appearing for the petitioners whereas Advocate General RA Jan with Govt Adv Monish Chopra appearing for the state issued notices to Chief Secretary J&K, Commissioners/Secretaries GAD and law Dept and Principal Secretary Governor, notices were waived by Govt Adv Monish Chopra for the respondents and Court directed Regsitry to list this petition on April 22, 2015 and in the meantime objections be filed.
In the petition the issue which needs to be addressed in the instant petition is as to whether the Governor can override the decision of the Council of Ministers particularly when Section 35(2) of the Constitution expressly states that all functions of the Governor except those under Sections 36, 38 and 92 shall be exercised by him only on the advice of the Council of Ministers. Since the Cabinet Decision dtd 10/10/2014 was with regard to the J&K PSC and the Governor had no option except to comply the said decision as no discretion was vested with him to turn down the Cabinet Decision approving the appointment of the petitioners as Members of J&K PSC. The intent and spirit of Section 35 is explicit and it is only the areas earmarked under Sections 36, 38 and 92 when the Governor can exercise his powers independently and in the given facts and circumstances the Governor had no power to take a contrary view by upsetting the Cabinet Decision which had been taken by the Council of Ministers with the Chief Minister at the head after deliberations in exercise of the power conferred under Section 35 of the J&K Constitution. The Act of the Governor in upsetting the Cabinet Decision dated 10-10-2014 as such is unconstitutional and requires to be declared as ultra-vires to the Constitution of J&K State.
Through this plea, the petitioners sought direction for restraining the respondents from acting upon the cabinet decision dated 15-03-2015 by virtue of which the State Cabinet after ignoring the earlier cabinet decision dtd 10/10/2014 made fresh recommendation for appointment to the post of Chairman/Members of J&K PSC and also sought direction to respondents to produce the entire records/correspondence entered between the respondents and the office of Governor with regard to the processing of the cases of the petitioners on the basis of the above mentioned Cabinet Decision. (JNF)
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
