Selection Procedure Prescribed Through Executive Valid If It Doesn’t Conflict With Rules: SC [Read Judgment]
The Supreme Court, in Karnati Ravi vs Commissioner Survey Settlements and Land Records, has held that in the matter of selection and appointment, instructions pertaining to the procedure of selection can be provided by the Executive as long as they do not come in conflict with the rules.A bench comprising Justice Kurian Joseph and Justice R Banumathi held that such executive instructions can. The Supreme Court, in Karnati Ravi vs Commissioner Survey Settlements and Land Records, has held that in the matter of selection and appointment, instructions pertaining to the procedure of selection can be provided by the Executive as long as they do not come in conflict with the rules. A bench comprising Justice Kurian Joseph and Justice R Banumathi held that such executive instructions can rule the field even if they are not prescribed under the rules as the Executive is empowered to do so by virtue of power conferred to it under Article 162 of the Constitution of India. “In the absence of the Rules, it is well within the powers of the Executive under Article 162 of the Constitution to provide for the required instructions with regard to the procedure for selection, so long as they do not come in conflict with the Rules,” it held.
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