LL.B.

II/IV/VI Semester/Annual Examination June, 2021

Subject: Administrative Law
Paper Code: LB-402

Time: 3 Hours Maximum Marks: 100

Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total 6 questions.
 Attempt any 4 questions out of 6 questions.
 Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper.

Q1. Section 7 of the State of Kylan Public Security Act, 2019 empowers the State Government
to impose restrictions on the movement and actions of persons in the interest of public
safety and security of the State. By virtue the said Section 7, the State of Kylan passed an
order directing the Petitioner ⸻ (i) not to be in any place in the district of Mayapur and (ii)
to reside only in the municipal limits of Koyapur and to report everyday at 9 a.m. and 9 p.m
at the police station of Koyapur. The Petitioner challenged the said order of the State as
ultra vires on the ground that the State or its officers cannot arbitrarily exercise the
executive authority to infringe the rights of the citizens merely because the Legislature of
the State has the power to legislate in regard to the subject on which the executive order is
issued. On the other hand, the State of Kylan defended citing Rai Sahib Ram Jawaya Kapur
v. The State of Punjab, AIR 1955 SC 549 that it is open to the State to issue executive
orders even if there is no legislation in support thereof provided the State could legislate on
the subject in respect of which action is taken. With special emphasis on the theory of
separation of powers, decide the case with the help of relevant case laws.

Q2. By virtue of Section 15 of the Khanpur Municipal Council Act, 2016, the Municipal
Council levied a theatre tax of Rupees 100 per show in all the class-I cinemas. The said
Section 15 reads as ⸻ “In addition to other taxes specified in this Act, the Municipal
Council shall for the purpose of this Act and subject to the provisions thereof impose any
of the following taxes, namely – (i) a theatre tax; (ii) property tax; (iii) tax on trade.” The
Petitioner challenged that the said Section 15 as unconstitutional because the legislature has
abdicated its function by delegating essential legislative powers upon the Municipal
Council to levy all or any of the taxes enumerated in the said Section. In the facts and
circumstances stated above, decide the case with important case laws.

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Q3. Mr. Kin instigated his fellow workers of the Bank to go on strike. The authorities of the
Bank initiated proceedings against Mr. Kin and five of his fellow workers. However, on
being tendered unconditional apology and assurance by five of them that they would
perform their duties diligently and would not indulge in strike, the proceeding against five
of them were dropped by the authority. Mr. Kin continued to contest the charges leveled
against him. He was held guilty and was dismissed from service. On appeal, the Tribunal
upheld the dismissal order. He therefore challenged in the High Court. The High Court held
that the distinction made by the Tribunal between Mr. Kin and other five workmen was
“artificial” and accordingly granted relief to Mr. Kin. The Bank challenged the order of the
High Court before the Supreme Court on the ground that the cases of other five workers
stood on a different footing and the High Court failed to appreciate the distinctive feature
that whereas the five workers tendered unconditional apology, Mr. Kin continued to justify
his action. Therefore, the order of the High Court is unsustainable. In the sated facts and
circumstances decide the case with the help of relevant case laws with special reference to
Wednesbury principle.

Q4. Mr. Kumar, head of the department, for the purpose of departmental promotion, wrote the
confidential report of his employees Mr. Mishra and Mr. Yadav. He praised the work of
Mr. Mishra and gave excellent ratings. For Mr. Yadav he gave only average ratings. Both
Mr. Mishra and Mr. Yadav appeared for the departmental committee in which Mr. Kumar
was a member. Mr. Mishra was selected for promotion and Mr. Yadav was rejected. You
are the lawyer for Mr.Yadav in a Writ Petition alleging the selection of Mr. Mishra as
biased. Argue with the help of relevant case laws for your client Mr. Yadav.

Q5. By a Notification issued by the University, all the colleges affiliated to University were
directed to pay the 12 Pay Scale to the teachers. Kings College affiliated to the University
was run by Swami Trust. On being demanded by the teachers to comply with the
University Notification, the Swami Trust closed down the Kings College, surrendered the
affiliation to the University and the service of all teachers and staff were terminated. The
teachers prayed before the High Court to issue a writ of mandamus directing the trust to
pay terminal benefits together with arrears of the 12 Pay Scale. The Trust contended that it
is not subject to the writ jurisdiction of the High Court as it is not a statutory body. Decide
the case.

Q6. The Parliament by an amendment inserted the following clauses in the powers of Tribunal:
(A) the Tribunal shall have the same powers as the High Court;
(B) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court
under Article 136, with respect to the disputes or complaints referred to the Tribunal.
You being a lawyer, the Petitioner approached you to challenge the said amendment as
unconstitutional. Argue for your client with the help of relevant case laws on the legislative
competence to vest intrinsic and supplementary judicial functions in tribunals.
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