Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Food Corporation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Food Corporation Act, 1964-Section 6(2)-Directives under-By Central Government-Regarding recruitment of staff-Competence of Central Government to issue Directives-Courts below held that Central Government not competent to issue the Directives because the power under the provision in confined only to policy decision concerning business of the Corporation-On appeal, held: Central Government Competent to issue the Directives-Policy would include policy of recruitment and many other details which would have serious financial impact and in the long run would affect the interests of the consumers/producers-Filling up of a post or not being a policy decision, cannot be interfered with in judicial review unless infected with vice of arbitrariness-Constitution of India, 1950-Articles 14, 32 and 226: Service Law : Recruitment of Departmental candidates-Contrary to Recruitment Rules-Using power to relax the Rules-Validity of recruitment-Held: Recruitment not valid-Power of relaxation to be used in marginal cases where exceptionally qualified candidates are available. Constitution of India, 1950-Article 14-Recruitment-Done in respect of one category of posts-Denied in respect of another category-Discrimination alleged-Held: Discrimination arises among similarly situated persons-Such act is valid as there is nothing in common between the category of posts. Appellant-Corporation issued an advertisement for direct recruitment to the posts of Joint Manager/Deputy Manager in the Corporation. After the select list of the candidates was finalized, Government of India issued a directive in exercise of its power u/s. 6(2) of Food Corporation Act, 1964 indicating therein the policy instruction not to create/upgrade posts of any level except where completely unavoidable; not to fill up vacancies by fresh recruitment; and not to further revise conditions of service without prior approval of Central Government. While recruitment process for the post of Deputy Manager was being carried on, on receipt of complaints regarding manner of recruitment in excessive relaxation of the maximum age, Central Government issued a second directive imposing a complete ban on the recruitment process as being in violation of the recruitment Regulations. As a result of second directive, process for selection for the post of Deputy Manager was stopped, but the process was carried further for selection to the post of Joint Manager. The officers/employees of the Corporation including the employees-respondent in the present case filed writ Petitions in different High Courts challenging the order of Central Government putting freeze on the appointment of departmental candidates as being beyond purview of Section 6 of the Act. The only question pressed before High Court was regarding competence of Central Government to interfere with internal administration of the Corporation particularly regarding appointment and service of its staff. Single Judge of High Court held that power of Central Government u/s 6(1) and (2) was confined to policy decision concerning business of the Corporation and was not in respect of internal management including appointment, promotion, transfer of the staff. In the Writ Appeals by Central Government and by respondent No. 1 - employee, Division Bench of High Court upholding the order of Single Judge held that Central Government had no power to issue the impugned directives; and that since 39 departmental candidates were above maximum age limit, they should be excluded from consideration and other qualified employees be appointed from the select list. Hence the present appeals by the Corporation and Special Leave Petition by the Employee. Special Leave Petition was only to canvass some of the points taken in the Writ Appeal, on the ground that they were not considered in the impugned judgement. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 104 |
Petitioner | Food Corporation Of India And Ors. |
Respondent | Bhanu Lodh And Ors. |
SCR | [2005] 2 S.C.R. 350 |
Judgement Date | 2005-02-24 |
Case Number | 1402-1404 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |