Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Article 14-Classification-Reasonableness of-Applications invited fromChartered Accountants firms for empanelment for audit of governmentcompanies-Advertisement stipulating only partnership firms eligible exceptin respect of specified States-Proprietary concern challenging rejection of itsapplication-Single Judge of High Court allowing the writ petition-DivisionBench upholding the same~on appeal held, once Chartered Accountants arequalified and eligible, advertisement cannot create a sub-classification fromthe general class of eligible Chartered Accountants-Such classification isdiscriminatory, arbitrary and violative of Article 14-Also if proprietaryconcerns are inefficient, they could not have been made eligible to audit in thespecified states.Article 226-Judicial Review-Proprietary concern challenging itsrejection of application for empanelment for audit of government companies-Scope-Held, such writ petition is maintainable since the appointment of auditorby Comptroller and Auditor General is a statutory function under theCompanies Act and not an administrative function. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2003 INSC 24 |
Petitioner | Comptroller And Auditor General |
Respondent | Kamlesh Vadilal Mehta |
SCR | [2003] 1 S.C.R. 471 |
Judgement Date | 2003-01-21 |
Case Number | 11458 |
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