Service matter related to employment
5 months ago
Sir/Madam, Kindly provide me an Information that, can any WRIT be file directly before the Hon'ble High Court for challenging any Policy or Rules or Provision on service matter or any other matter made by the Government of India, which is ultra vires.
A.Dear Client,
Yes, in legal matters, it is possible to file a Writ Petition directly before the Hon'ble High Court challenging the validity of any policy, rules, or provisions made by the Government of India if it is believed to be ultra vires (beyond the legal authority) or unconstitutional. However, it's crucial to consult with a legal professional who can assess the specific details of the case, provide advice tailored to your situation, and guide you through the legal process. The process and requirements may vary, so seeking legal counsel is essential for a proper understanding of the options available to you.
Thankyou
Yes, in legal matters, it is possible to file a Writ Petition directly before the Hon'ble High Court challenging the validity of any policy, rules, or provisions made by the Government of India if it is believed to be ultra vires (beyond the legal authority) or unconstitutional. However, it's crucial to consult with a legal professional who can assess the specific details of the case, provide advice tailored to your situation, and guide you through the legal process. The process and requirements may vary, so seeking legal counsel is essential for a proper understanding of the options available to you.
Thankyou
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A.Dear Client,
A writ petition can be filed by any person under Article 226 of the Constitution of India whose Fundamental Rights have been infringed by the State. A public authority cannot act outside its powers and called the ultra vires is the central principle of administrative law. Article 226 allows the High Court to issue a writ exclusively in its own local jurisdiction. The High Court may grant an injunction or declaration or issue a writ of mandamus or award damages to the affected person, as the Court may deem fit. Article 226(1) of the Indian Constitution states that every High Court shall have powers to issue orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any person or any government for the enforcement of fundamental rights and for other purpose. A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
A writ petition can be filed by any person under Article 226 of the Constitution of India whose Fundamental Rights have been infringed by the State. A public authority cannot act outside its powers and called the ultra vires is the central principle of administrative law. Article 226 allows the High Court to issue a writ exclusively in its own local jurisdiction. The High Court may grant an injunction or declaration or issue a writ of mandamus or award damages to the affected person, as the Court may deem fit. Article 226(1) of the Indian Constitution states that every High Court shall have powers to issue orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any person or any government for the enforcement of fundamental rights and for other purpose. A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
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A.Dear Sir,
Yes, it can be filed if such rules ultra vires any of the provisions of Constitution of India or existing service rule.
Yes, it can be filed if such rules ultra vires any of the provisions of Constitution of India or existing service rule.
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