Roll No: ---------------------------

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

SECTION A

Attempt All Questions (1x5=5)

Q.1 Define Conditional Legislation.

Q.2 Define Delegated Legislation.

Q.3 Explain Droit Administratif?

Q.4 Write a short note on Committee on Subordinate legislation ?

Q.5 Write any one definition of Administrative law.

Section – B

Attempt any two questions. (2x5=10)

Q.6 Differentiate between Administrative law and Constitutional Law.

Q.7Write a short note on: Laying of delegated legislation.

Q.8‘The same person should not form part of more than one of the three organ of the government.’
Critically analyze the above statement.

SECTION C

Attempt any one Questions (1x10=20)

Q.9Whether the Government of a State has power under the Constitution to carry on the trade or business
of running a bus service in the absence of a legislative enactment authorizing the State Government to do
so. In the light of the above statement critically Analyze the limits within which the executive Government
can function .
Q.10 Rule of law does not mean rule according to statutory law, pure and simple because such a law
may itself be harsh, inequitable, discriminatory or unjust. ‘Rule of law’ connotes some higher kind of
law, which is reasonable, just and non-discriminatory .Explain

SECTION D

COMPULSORY (25 MARKS)

Q.11 State of Uttarakhand passes an act for the regulation of fees in private school named as Private
Schools Fee Regulation Act, 2018. The main object of this act is to regulate the fees charged in private
schools. This act is enacted as a response to the complaints received from the parents to the government
regarding exorbitant fee which is charged by private schools all over the state. The act comprises of 50
sections in total. Some of the sections of the act are as follows-

Section 5- For the purpose of the effective implementation of the act, State government can make rules
and regulations thereby, prescribing the maximum fee, which can be charged by the private schools,
annual increase in the fee, or any matter, which is incidental in the effective implementation of the Act.

Section 14- State government shall consult before making rules with recognized association of schools
and parents.

Section 16- All the rules made by the State Government shall be published in the Official Gazette and in
two local Hindi Newspapers in Hindi Language.

Exercising its power under the act Government enacted rules named as Private Schools Fee Regulation
Rules, 2018 but these rules were enacted only after consulting parent bodies but not the school bodies.
These rules were published in hindi language in DAINIK JAGRAN and in TIMES OF INDIA

Rule 1. Till class V- Maximum fee is Rs 60,000 p.a

Between Class V-X- Maximum fee is Rs 80,000 p.a.

Between Class X-XII- Maximum fee is Rs. 1,00,000p.a.

Rule 2 – It provides the minimum educational qualifications for the teacher who are eligible to teach.

Rule 3- 15 percent seats in every school will be reserved for the children belonging to economic weaker
sections of society.

Rule 4- It is mandatory that the children of all the government officials will study in Government Schools.
Keeping in mind the above stated facts answer the following question-

a. As the rules are enacted without consulting school bodies, what is the validity of these rules?
Support your answer with relevant case laws. (5 MARKS)
b. Whether rules are published in accordance with Parent Act? If not what will be its impact on
validity of rules. Support your answer with relevant case laws. (5 MARKS)
c. Examine the legality and validity of Rule 1,2,3 and 4. Support your answer with relevant case laws.
(15 MARKS)