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SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under section 3 of the UGC Act 1956)


Re-Accredited by NACC with ‘A’ Grade
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Institute Name: (0102) SYMBIOSIS LAW SCHOOL, NOIDA
Programme: (010223 & 010224) BA LLB & BBA LLB
Batch: (2014-19, 2015-20, 2016-21, 2017-22, 2018-23)
Semester: V
Course: Administrative Law
Course Code: 0102230504, 0102240504

Date: 22/12/2020 Maximum Marks: 60


Day: Tuesday Time: 02:00 pm – 04:30 pm
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Instructions:
1) All Questions are compulsory
2)Type the answers in a word file
3) The answer must be original. If it is found that the answer is copied from any source then
necessary action will be taken as per examination rules.

Q.1. Normally government used to call for tenders from private printers to print and publish text books
for primary schools. But in 2020, government issued a notification regarding printing of text
books by government press. Private publishers wanted to challenge the notification. Decide.
(15Marks)
OR

Q.1. Ghaziabad Nagar Nigam has statutory powers to demolish any building without any notice if it
has been constructed without any prior permission. X’s (resident of Madhya Pradesh) office has
been constructed without permission. X obtained a stay order issued by High Court until X
reaches the premises. The authorities demolished X’s office. Decide. (15Marks)

Q.2. Municipality Corporation has been empowered to pass a resolution to decide which one or other
of the taxes specified would be imposed and to approve rules specifying the classes of persons or
property or both which are proposed to be made liable, the amount or rate proposed for
assessment, the basis of valuation on which such rate on buildings and lands is to be imposed and
other related matters. The rules framed henceforth must be notified in prescribed form thereby
inviting objections from the inhabitants of municipal corporation. If municipal corporation
decides to pursue to levy the taxes, it submits the objections with its opinion thereon and any
modifications proposed by it, together with the notice and rules to the Legislature. The legislature
to sanction the rules with or without modification, or to return them to the municipality for further
consideration.
In the issue dated November 28, 2019 of ‘Jai Hind’, a local newspaper published a notice for the
levy of Rate (Tax) on Buildings and Lands with effect from January 1, 2020. Notice recited the
date and serial number of the sanction. It also stated that these rules can be inspected at the office
of the Municipality on all days other than Holidays during office hours; moreover, copies of the
rules can be purchased at the Municipal Office. Comment on the publication method followed by
the municipality with suitable case laws. (15Marks)
OR

Q.2. The Parliament passed a legislation and empowered the Central Government to impose such sales
tax as it deemed fit for inter-state sale of essential commodities. The parent Act also grant the
power to change any provision of the Act to implement the quantum of tax imposed by Central
Government. Comment on the validity of above mentioned legislation. Use suitable case laws in
support of your arguments. (15Marks)

Q.3. A researcher is working on living conditions of Zoo animals. He filed an application to Delhi
Zoo, National Zoological Park, under the RTI Act on 23rd November, 2019. The said application
has been received by the PIO on 27th November, 2019. The applicant received a reply on 15th
December, 2019 stating that the relevant information is not being maintained at the zoo office and
thus information cannot be shared. Explain all subsequent steps that can be taken by the
researcher to access the said information. (15Marks)
OR

Q.3. E is an employee in a government factory who is injured by an explosion. According to droit


administratif, the risk would fall on the state whereas the English Courts will not hold the state
liable unless the injured proves negligence of some agent of Crown. Elaborate the outlook of
Indian Courts in the above stated circumstances. Also write your opinion on the best approach to
deal the situation by taking a comparative approach. Use suitable case laws to support your
answer. (15Marks)

Q.4. There was a mass copying incident reported from one of the examination center of University of
X. On the said date, five exams (English, Hindi, French, Spanish and Telugu) were being
conducted at the concerned center. There are witnesses available to testify copying incident for
English and French Exam. The Controller of Examination, University of X, decided to re-conduct
English and French Exam for every candidate. For other examinations, a notification was
published to hear candidates why Hindi, Spanish and Telugu examinations should not be
cancelled. It was also published in the same notification that authorities will re-conduct the exams
if candidates fail to convince them. Comment on the validity of the process adopted by the
University on the conduct of examination. Use suitable case laws to supplement your answer.
(15Marks)
OR

Q.4. Students of Ram Dayal University have been making student’s union since the inception of the
University. Each year, during student’s union election, the University witnesses a lot of violence
between members of adverse groups. The vice-Chancellor put a permanent banned election to the
students’ union. A group of student filed a writ petition in the High Court. The High Court upheld
the order passed by Vice- Chancellor. The students moved to Supreme Court for a direction to
conduct election for formation of Student’ Union. Decide the case with the help of principles of
Administrative laws and judicial precedents. (15Marks)

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