Article 12 Constitution Archives

2022 Magistrate First-Class appointment invalid

Meghalaya HC declares appointment of 2022 Magistrate First-Class for District Council Court, Shillong invalid; Orders Creation of Supernumerary Post

“A post which is not in existence at the time of initiation of the selection process but likely to be created or come into existence during the selection process or at any time, thereafter, cannot be filled up by the advertised selection agenda.”

Air Force School Article 12 Supreme Court

Case Briefs Supreme Court

Air Force School not a ‘State’ or ‘Authority’ under Article 12 of the Constitution: Supreme Court by 2:1 Majority

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”

Case Briefs High Courts

Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them: Bombay HC

The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.