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"Rogelio Carney" (2018-12-09)

88 by its order under s. Each Act was a complete expres- sion of the will of the legislature to act in a particular way and of its command as to how its will should be carried out. The power given was ministerial, be- cause all that the Government had to do was to study the laws and make selections out of them. It is true that a candidate does not get any right to the post by merely making an application for the same, but a right is created in his favour for being considered for the post in accordance with the terms and NRI Lawyers conditions of the advertisement and the existing recruitment rules.

PXadhAr.pngThus the detaining authority though can take into ac- count the possibility of the detenu being released on bail in the criminal proceedings,. 89 dismissed the writ petition. Thus, the power given to the Governments in those Acts was more in the nature of ministerial than in the nature of legislative power. The High nrillegalservices Court by its order dated 6. 12(1) of the Act confirmed the order of detention agreeing with the opinion of the Advisory Board and ordered the detention of the detenue for 12 NRI months from the date of his detention.

The Tribunal in our opinion was in error in setting aside the select list pre- pared by the Commission. In the present case except the bald statement that the detenu would repeat his criminal activities after coming out of the jail, there are no credible NRI Lawyers information or material or cogent reasons apparent on the record to warrant an inference that the detenu if enlarged on bail would indulge in such crimi- NRI Lawyers nal activities which are prejudicial to the maintenance of essential services.

If a candidate applies for a post in response to advertisement issued by Public Service Commission in accordance with recruitment Rules he acquires right to be considered for selection in accordance with the then existing Rules. The legisla- ture decided that in the circumstances of the case that was the best way to legislate on the subject and it so legislated. We agree with the learned Additional Solicitor General that the subject is technical and ordinarily should be left to experts available in the Defence Department and the guidelines indicated by the Department should be followed.

The wife of the detenue challenged this preventive detention by filing a writ of Habeas Corpus in the High Court of Madras. have to be satisfied, having regard to his past activities or by reason of the credible information or cogent reasons, that if he is enlarged on bail, he would indulge in NRI such criminal activities. There must be something more than what is found in the record here to come to the conclusion that this is not a case of solitary incident but a case of the detenu indulging in business of receiving stolen electric wires.

The situation with which the respective legislatures were faced when these Acts were passed, was that there were certain State or States, with no local legislature and a whole bundle of laws had to be enacted for them. What is even more important is that NRI Legal in each case the agency selected was not empowered to enact laws,' but it could only adapt and extend laws enacted by re- sponsible and competent legislature.

"Let us overlook for the time being the power to introduce modifications with which I shall deal later, and carefully consider the main provision in the three Acts. It will be a misnomer to describe such legislation as amounting to abdication of powers because from the very nature of the legislation it is manifest that the legislature had the power at any moment of withdrawing or altering any power with which the authority chosen was entrusted, and could change or repeal the laws which the authority was required to make applicable to the State or States con- cerned.

This right cannot be affected by amendment of any Rule unless the amending Rule is retrospective in nature. 88 the Collector & District Magis- trate Madurai under s. It is clear that the legislatures concerned before passing the Acts, applied their mind and decided firstly, that the situation would be met by the adop- tion of laws applicable to the other provinces inasmuch as they covered a wide range of subjects approached from a variety of points of view and hence the requirements of the State or States for which the laws had to be framed could not go beyond those for which laws had already been framed by the various legislatures, and secondly, that the matter should be entrusted to an authority which was expected to be familiar and could easily make itself familiar with the needs and conditions of the State or States for which the laws were to be made.

HOs9SZc.pngIn the instant case the Commission had acted in accordance with the then existing rules and there is no dispute that the appellants were eligible for appointment, their selection was not in violation of the recruitment Rules. 3(2) of the National Security Act, 1980 made an order for keeping in custody Nallathambi, the husband of the appellant/ petitioner. Thus, everyone of the Acts so enacted was a complete law, because it em- bodied a policy, defined a standard, and 655 directed the authority chosen to act within certain prescribed limits and not to go beyond them.

On the other hand it appears to us that the detention order has been made in order to supplant the criminal prose- cution which is not permitted.