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april 1972

Supreme Court of India · 1972-04-19

STATE OF HARYANA ETC. ETC. vs SHAMSHER JANG BAHADUR ETC. ETC.

Citation / case number
SC 1968/60332
Court
Supreme Court of India
Petitioner
STATE OF HARYANA ETC. ETC.
Respondent
SHAMSHER JANG BAHADUR ETC. ETC.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the Government is not competent to alter rules framed under Article 309 of the Constitution by means of administrative instructions, as established in Sant Ram Sharma v. State of Rajasthan. The Court ruled that the instructions issued by the State Government regarding the qualifications for promotion were void since they conflicted with the existing statutory rules. Additionally, the Court found that the approval of the Central Government under Section 115 of the States Reorganisation Act, 1956 was not obtained for these instructions, rendering them invalid.

STATE OF HARYANA ETC. ETC. vs SHAMSHER JANG BAHADUR ETC. ETC. · Niyam