(1.) In these two connected writ petitions, laying a frontal challenge to the validity of the Private Educational Institutions (Taking Over) Ordinance, 1986 (Bihar Ordinance No. 15 of 1986), significant constitutional and legal issues come to the fore, which deserve formulation at the very outset. Inter alia, these are :- (1) Whether the satisfaction of the Governor under Art.213 of the Constitution pertaining to the immediacy for the promulgation of an Ordinance is justiciable ? (2) Whether the exercise of legislative power by promulgation of an Ordinance by the Governor can be impeached on the ground of mala fides ? (3) If so, would the mala fides of a Chief Minister be tentamount to the mala fides of the Council of Ministers as a whole, and, may, consequently, vitiate the exercise of the legislative power of the promulgation of the Ordinance ? (4) Does the impugned Ordinance require the sanction of the President under the proviso to Cl.(1) of Art.213 of the Constitution ? (5) Is the impugned Ordinance void for lack of legislative competence ? (6) Whether the impugned Ordinance is discriminatory and infracts Art.14 in so far as it chooses the petitioner Institute alone for nationalisation in its first phase ? (7) Does the impugned Ordinance violate the fundamental right to form associations under Art.19(1)(c) of the Constitution ?
(2.) It is manifest that the primal issues aforesaid are pristinely legal and would consequently relegate the facts to a comparative background, despite the volume of the pleadings. Neverthelss, the terra firma of the matrix giving rise to the issues has necessarily to be noticed, albeit with relative brevity.
(3.) The petitioner Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna (hereinafter called the Institute), as its very name indicates, is in the memory of Late Shree Lalit Narayan Mishra, who, during the sixties and the early seventies, was a towering political figure both in the State of Bihar and also at the national level as the Cabinet Minister for Railways. He fell to an assassin's bomb at Samastipur in 1974, apparently for reasons political. The petitioner Institute, though primarily, (if not wholly) financed from the State coffers, has been nursed to its present stature by his brother, Shree Jagannath Mishra, who himself is a prominent political figure in his own right, having been earlier the Minister for Irrigation and later the Chief Minister of Bihar from April 1975, to April, 1977 and then from June, 1980, to August, 1983, when he relinquished the said office.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN