SYMBIOSIS INTERNATIONAL UNIVERSITY (Established under section 3 of the UGC Act 1966) Rie-accradiled by NAAC wily ‘A! Grade reqer erate Institute: (0102)SYMBIOSIS LAW SCHOOL, NOIDA Programme: (010223 & 010224) BA LL.B & BSALLB Bateh: 2019-18,2014-19,2015-20 Somester: V Coursi ‘Administrative Law Course Code; 0102230604/506/0102240504/506 Date: 19/11/2017 Day: Monday Maximum Marks: 60 Part- 1 (Objective Type Questions) Instructions: 1) All questions are compulsory. 2) Each question carries two marks (Total 20 Marks) QI. Third party whose confidential report is sought to be disclosed can object to such disclosure under the Right to Information Act 2005, What is the time period for such objection ? Choose the best option. a) 7 Days b) 10 Days ©) 14 Days a) 15 Days Q2. Empty Formality theory relates to which of the following given principle/ aspects? Choose the bestoption. a) Delegated legislation b) Principles of Natural Justice c) Subs Delegation d) Subordinate Legistation Q3. Judicial Obstinacy can be related to which of the'following options? a) Sub Delegation b) Pecuniary Bias ©) Departmental Bias d) Judicial Brror Q4. Exclusion of Natural Justice is possible in under what circumstances? 1) Necessity 2) Statutory Exclusion 3) Urgency 4) Judicial Directives 1&3 b) 2&3 o) 12k d) 12&4QS. Section 10 of The Right to Information Act, 2005, provides for which of the action on the part of state authorities a) Severability of Information b) Rejection of Information ©) Correction of Information 4d) Comreetion in Appeal Q6. Exemption from providing information can be sought by public information officer in which provision of The Right to Information Act, 2005? a) $.12 b) Sar c) SB dé) $9 Q7. To maintain all records duly catalogued and indexed is a positive duty casted on public authorities @ under which provision of The Right to Information Act, 2005? a) SI by $2 ©) S3 d) S.4 Q8. Publication is a tool for check and balance in reference to whieh of the following activities? a) Administrative Adjudication ) Subordinate Legislation c) Quasi-Judicial Funetion d) Right to Information Q9. Insolvency as a reason for removal of information Commissioner is provided in which of the provision of The Right to Information Act, 2005? a) $14 b) S15 ©) $16 dy S17 Q10. Mr, A made an application to seek information regarding cleanliness in local municipal office, What is the time period for admission of appeal under The Right to Information Act, 2005. in case he receives no reply? a) 1S Days by 30 Days ©) 14 Days d) Thiee weeks.Part-II (Subjective Type Questions) Instructions: 1) All questions are compulsory, 2) Each question carries 10 marks (Total 40 Marks) QI. Mr. Kallu Dalmia, MD of Coal Mine Corporation of India a body corporate constituted under the Coal Mine Act 2013, has taken loans worth about Rs. 7,000 crores from varicus banks and the corporation's financial position was not sound, thersfore, Mr. Informer warited the information about the financial audit of Coel Mine Corporation of India, Earlier, appellant approached CPIO and the first appellate authority (FAA) of the Bank but was informed that the information being sought was commercial information and held by them in trust for the third party, therefore, it could not be provided. The contention of the appellant that larger public interest was involved in the mailer as it was his duty to eriquire into the documents submitted by the Corporation to the audit conducting bariks. The application was rejected by the Commission con the ground that there was no larger publit interest in the matter and also the information is third party informatiod and corporation asa third party has objected to provide any information and if any information is to be sought about financial health of corporation then it can be directly sought from corporation itself being a government eiterprise. In the light of above facts discuss ‘upon the law of non- disclosure of information under various circumstances and decide the situation as above laid with help of appropriate case laws and legal citing’s under the Right to Information Act, 2005. oR Qi. State Information Commission (SIC) While observing that relationship between a person and counselor is fiduciary and personal in nature, SIC held that information regarding negotiation, mediation, conciliation and counscling between estranged couples and counselor falls under exempted clause of information of other spouse. “If RTT is allowed to be exercised in securing information about mediation, cantankerous spouse will exploit mediation 2s 9 source to get information with which they can harass the other spouse and use it in courts of Iaw also,” The order of Commission came upon an appeal filed hy a woman who sought to know details of her conciliation proceedings before the Delhi State Legal Services Authority (DSLSA), It was alleged by the women that due to marital problems, she was referred for counseling under DSESA and details of her conciliation proceedings before the DSLSA were most required in her domestic violence and divorce cases pending at Patiala House Courts. Earlier, she was denied the information by DSLSA on the ground that according to Rule 20 of Mediation & Conciliation Rules, 2004 proceedings of mediation and conciliation cannot be obtained arid cannot be used for any purpose other than achieving conciliation, Decide the legelity of the situation as above laiel ‘vith help of appropriate ease Taws and legal citing”s under the Right to Information Act, 2008. Q2. Highlight the different reasons for rule making powers being delegated to the administrative authorities and how does the doctrine of excessive delegation in regulate such powers being exercised? Discuss and explain with the help of appropriate judicial eiting’s? OR Q2, Delegation often involves the granting of discretionary authority to another, bat such authority is purely derivative;The ultimate power always remains in the delegator and is netsnounced. Th the light of given statement elaborate the concept of control of delegated legislation with help of appropriate case laws? Q3. “Nothing is to be done which creates even a suspicion that there kus been an improper interference with the course of justies...!" Keeping the siatement in mind provide for the Primary: quantifications of substantive hearing and in what manner doctrine of fhimess regulates it, diseuss with the help of appropriate judicial pronouncements? OR Q3. Explain and discuss the real likelihood test of “nemo judex im re causa sua in QA. Discuss the significance of the following principle of “Qui facit per alium facit per se” in instituting liability of the State in reference of civil wrongs with the help of appropriate case laws, OR 4. “Asa general rule it is an accepted norm thot courts are not intervening in administrative affairs but yet still there is nothing in the nanire of unfettered discretion immune from judicial review", in the light of given statement provide various grounds of failure to exercise discretion and explain reasons for judicial review of administrative discretion with the help of appropriate case laws?