Just a moment...

Top
Help
AI OCR

Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Case Laws - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party Name: ?
Party name / Appeal No.
Law:
---- All Laws----
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts: ?
Select Court or Tribunal
---- All Courts ----
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal / NCLT & Others
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
In Favour Of: New
---- In Favour Of ----
  • ---- In Favour Of ----
  • Assessee
  • In favour of Assessee
  • Partly in favour of Assessee
  • Revenue
  • In favour of Revenue
  • Partly in favour of Revenue
  • Appellant / Petitioner
  • In favour of Appellant
  • In favour of Petitioner
  • In favour of Respondent
  • Partly in favour of Appellant
  • Partly in favour of Petitioner
  • Others
  • Neutral (alternate remedy)
  • Neutral (Others)
Landmark: ?
Where case is referred in other cases
---- All Cases ----
  • ---- All Cases ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
Situ: ?
State Name or City name of the Court.
Eg: Madhya Pradesh, Orissa, Hyderabad

Use comma for multiple locations.

AY/FY: New?
Enter only the year or year range (e.g., 2025, 2025–26, or 2025–2026).
Include Word: ?
Searches for this word in Main (Whole) Text
Exclude Word: ?
This word will not be present in Main (Whole) Text
From Date: ?
Date of order
To Date:

---------------- For section wise search only -----------------


Statute Type: ?
This filter alone wont work. 1st select a law > statute > section from below filter
New
---- All Statutes----
  • ---- All Statutes ----
  • Select the law first, to see the statutes list
Sections: ?
Select a statute to see the list of sections here
New
---- All Sections ----
  • ---- All Sections ----
  • Select the statute first, to see the sections list

Accuracy Level ~ 90%



TMI Citation:
Year
  • Year
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example : 2024 (6) TMI 204
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
TMI Citation
    No Records Found
    ❯❯
    MaximizeMaximizeMaximize
    0 / 200
    Expand Note
    Add to Folder

    No Folders have been created

      +

      Are you sure you want to delete "My most important" ?

      NOTE:

      Case Laws
      Showing Results for :
      Reset Filters
      Results Found:
      AI TextQuick Glance by AIHeadnote
      Show All SummariesHide All Summaries
      No Records Found

      Case Laws

      Back

      All Case Laws

      Showing Results for :
      Reset Filters
      Showing
      Records
      ExpandCollapse
        No Records Found

        Case Laws

        Back

        All Case Laws

        Showing Results for : Reset Filters
        Case ID :

        2023 (8) TMI 1594 - HC - Indian Laws

        📋
        Contents
        Note

        Note

        -

        Bookmark

        print

        Print

        Login to TaxTMI
        Verification Pending

        The Email Id has not been verified. Click on the link we have sent on

        Didn't receive the mail? Resend Mail

        Don't have an account? Register Here

        Reasonable classification upheld for Director (Finance) preference; writ relief refused beyond pleadings and expert selection left undisturbed. Preference for Chartered Accountants over Cost Accountants for appointment as Director (Finance) in CPSEs was upheld as a valid qualification-based ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Reasonable classification upheld for Director (Finance) preference; writ relief refused beyond pleadings and expert selection left undisturbed.

                            Preference for Chartered Accountants over Cost Accountants for appointment as Director (Finance) in CPSEs was upheld as a valid qualification-based classification. The Court applied the doctrine of reasonable classification and held that Article 14 permits distinctions founded on intelligible differentia with a rational nexus to the post's financial management functions, so the preference was not hostile discrimination. It also held that mandamus could not be granted beyond the pleadings, and declined to strike down the preference clause because the petitioner did not challenge the underlying meeting minutes or the expert committee's constitution. Judicial interference with a duly constituted expert body was found unwarranted absent mala fides, bias, arbitrariness, or illegality.




                            Issues: (i) Whether Cost Accountants can be treated as equivalent to Chartered Accountants for appointment as Director (Finance) in CPSEs and whether the preference given to Chartered Accountants violates Articles 14 and 16 of the Constitution of India; (ii) Whether mandamus can be issued to delete the preference clause and whether the decision of the expert committee can be set aside in the absence of a challenge to the underlying minutes or to the committee's constitution.

                            Issue (i): Whether Cost Accountants can be treated as equivalent to Chartered Accountants for appointment as Director (Finance) in CPSEs and whether the preference given to Chartered Accountants violates Articles 14 and 16 of the Constitution of India.

                            Analysis: The professions are governed by different statutory frameworks and are treated differently in some enactments. The post in question required overall financial management, accounts, audit, budgets and related advisory functions. The Court applied the doctrine of reasonable classification and held that Article 14 does not forbid classification founded on an intelligible differentia having a rational nexus with the object sought to be achieved. On that basis, preferring Chartered Accountants for the post was treated as a permissible qualification-based distinction and not as hostile discrimination.

                            Conclusion: The issue was answered against the petitioner and in favour of the respondents.

                            Issue (ii): Whether mandamus can be issued to delete the preference clause and whether the decision of the expert committee can be set aside in the absence of a challenge to the underlying minutes or to the committee's constitution.

                            Analysis: The Court held that though the writ of mandamus is wide, relief cannot be granted beyond the pleadings. Since the petitioner did not challenge the minutes of the meeting from which the preference clause originated, the Court declined to interfere with that decision. The Court also held that decisions of duly constituted expert bodies should not ordinarily be disturbed absent demonstrated mala fides, bias, arbitrariness, or a challenge to the committee's composition. The selection process was further viewed against the background that the petitioner had participated in the process and challenged it only after non-selection.

                            Conclusion: The issue was answered against the petitioner and in favour of the respondents.

                            Final Conclusion: The petition failed on merits because the classification was upheld, the relief sought could not be granted beyond the pleadings, and no ground was made out for judicial interference with the expert selection process.

                            Ratio Decidendi: A qualification-based preference in public employment is valid if it rests on reasonable classification with a rational nexus to the post, and a writ court will not grant relief not founded on the pleadings or ordinarily interfere with a duly constituted expert body's decision absent illegality, mala fides, or arbitrariness.


                            Full Summary is available for active users!
                            Note: It is a system-generated summary and is for quick reference only.

                            Topics

                            ActsIncome Tax
                            No Records Found