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Judicial Review of Administrative Action and Administrative Discretion

Kesavan Bhaskaran v. State of Kerala, AIR 1961 Ker 23

ISSUE:

Whether by the administrative discretion given to the Director there is a duty casted by law?

Whether the discretionary power under the rule can be controlled by self-created rules of Policy?

RULE:

Rule 127E of the Travancore Education Code provided that no English School Leaving Certificate would be granted to any person unless he has been a pupil on the rolls of Form VI of a recognised English High School during the whole school year in which he had applied for a certificate. Moreover, he should have completed fifteen years of age on or before the first day of July of the year in which he had applied for the certificate.

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