Administration

Administrative Lex, Education Lex

Why India Failed to Implement Hindi as Medium of Instruction in Higher Education? : Case of Gujarat: Part 2

The power of the University to promote the use of Gujarati and/or Hindi as “a medium of instruction” in Section 4(27) has reference only to those institutions which are established and maintained by the University in pursuance of its teaching function and not to colleges over which it exercises a certain amount of control prescribed under the Act by reason of affiliation and the power of the University to hold examinations to lay down as incidental thereto approved courses of studies and to confer degrees etc.

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Administrative Lex

MRPS Act: Part 3

While the First Appellate Authority can face penalties under Section 10(2) for repeated failures or protecting erring officers, the focus remains on the Designated Officer as the frontline provider. The Act’s framework ensures that defaults lead to financial, disciplinary, and administrative consequences, ultimately strengthening citizen rights to timely services without granting blanket immunity to officials.

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Administrative Lex

MRPS Act: Part 2

As per Section 11 of the MRPS Act, 2015, the Designated Officer or First Appellate Authority, as the case may be, is required to pay the imposed penalty amount within 30 days from the date of receiving the communication or order directing payment. If the penalty remains unpaid within this period, the Competent Authority, typically the head of the department or designated superior officer, is empowered to recover the amount directly from the salary of the concerned officer.

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MRPS Act: Part 2 Read Post »

Administrative Lex, Constitutional law

Constitutional Validity of Service Exam Rules of Karnataka

Article 309 was central to the case because it empowers the State Government to frame rules regulating the recruitment and conditions of service for persons appointed to public services. The court referred to this provision to affirm that the government has the legal authority to unilaterally modify service conditions and prescribe departmental examinations as a prerequisite for promotion.

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Constitutional Validity of Service Exam Rules of Karnataka Read Post »

Administrative Lex, Procedural Lex, Temple Lex

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 2

The most critical point was the interpretation of Section 2(dc) of the Act. The court reasoned that the grade separator, which is an underpass set up to obviate traffic congestion and air pollution, constitutes a “facility for the public or a convenience for the public at large.” Since the statutory definition of “construction” in Section 2(dc) specifically excludes the provision of facilities of this nature for the public, the PMC’s work could not be regarded as prohibited construction under the Act.

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