Swaran Vibha Pandey Versus State of M.P. and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 382 of 2020, Judgment Date: Sep 14, 2021

Law laid down -

A Rules in nature of administrative instructions without any statutory force, cannot be said to be enforced by maintaining a writ petition under Article 226 of the Constitution of India.

Administrative action - Executive Instructions, if are in conflict with statutory provisions, the later will prevail. But in absence of any conflict, both will prevail.

Any departmental letter or executive instruction cannot prevail over statutory rule and constitutional provisions.

Swaran Vibha Pandey Versus State of M.P. and others