‘Will divide society’: SC stays new UGC equity regulations

‘Will divide society’: SC stays new UGC equity regulations 

‘Dangerous Impact On Goal Of Castelessness’ 

Dhananjay.Mahapatra@timesofindia.com 30.01.2026

New Delhi : Supreme Court put on hold on Thursday the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, taking serious exception to several of its provisions and saying that these could fuel societal division and have a dangerous impact on the goal of a casteless society. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard three petitions and said that while implementation of the 2026 regulations would be on hold till further orders, the 2012 regulations would continue to be in force to address grievances relating to caste-based discrimination against students on campuses of educational institutions.

 “We are sorry to say, the Regulations, prima facie, the language is completely vague, the provisions are capable of being misused, and the language needs to be re-modulated and redesigned,” the bench said and asked for the setting up of an expert panel. The CJI said, “In the country, after 75 years, whatever we have gained to move towards the goal of casteless society, are we enacting a regressive policy?” The justices said that while they were all for regulations for creation of “a free, inclusive and an equitable atmosphere in universities… there are 4-5 serious concerns. If those are not addressed, the regulations will otherwise have sweeping consequences...” 

The CJI flagged another provision in the regulations as problematic, pointing out that it proposed separate hostels based on the caste of students.

Should not go to a stage that has segregated schools: SC 

For God’s sake, please do not do that. In hostels, students from every community live together. There are inter-caste marriages also. We should move towards a casteless society by assimilating students of all regions and (students of) all castes must have equal rights and live harmoniously in universities. We cannot go backwards. There must not be any segregation.” The hearing took place amid agitation by sections of upper-caste students against the regulations for allegedly being discriminatory and exclusionary and for being oblivious to the changed socioeconomic milieu where newly empowered OBCs have also been accused of discriminating against others, including those from upper castes. Significantly, OBCs are not under purview of 2012 regulations, which snap back in action after SC’s order Thursday. 

Leading the arguments for petitioners, advocate Vishnu Shankar Jain said the regulations presume that only a certain category of students belonging to certain castes face discrimination in universities. They keep general category candidates outside their purview, leaving such students without remedies for discrimination faced by them. Asking Centre and UGC to respond to petitions by March 19, SC said, “We want to examine constitutional validity and legality of 2026 Regulations. We would like Union govt, with concurrence and approval of court, to constitute apanel of experts comprising eminent academicians and scholars who understand our social conditions to study regulations & its possible impacts.”

SC agrees to hear plea against UGC’s new equity regulations

SC agrees to hear plea against UGC’s new equity regulations 

New Delhi : 29.01.2026

Supreme Court on Wednesday agreed to list for hearing a plea challenging a recently notified UGC regulation on the grounds that it had adopted a non-inclusionary definition of caste-based discrimination and excluded certain categories from institutional protection. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of the submissions of a lawyer seeking urgent hearing of the plea. “There is a possibility of discrimination against the general class. My case is ‘Rahul Dewan and Ors vs Union’,” a lawyer said. The CJI said: “We know what is happening. Make sure defects are cured. We will list it.” The new regulations mandating all higher education institutions to form “equity committees” to look into discrimination complaints and promote equity were notified on Jan 13. University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, mandated that these committees include members of OBC, SC and ST communities, persons with disabilities, and women. The new regulations replace UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which was largely advisory in nature. The plea assailed the regulations on the grounds that castebased discrimination was defined strictly as discrimination against SC, ST and OBC community members. It said that by limiting the scope only to these categories, UGC had effectively denied institutional protection and grievance redress to individuals belonging to the “general” or non-reserved categories, who may also face harassment based on their caste identity. Protests were held in various places, with student groups demanding rollback of the regulations. PTI

Physiotherapists entitled to use ‘Dr’ prefix: Kerala HC

Physiotherapists entitled to use ‘Dr’ prefix: Kerala HC 

TIMES NEWS NETWORK 28.01.2026

Kochi : The Kerala high court has ruled that not only medical professionals, but physiotherapists and occupational therapists, too, are entitled to use the prefix ‘Dr’ with their names.

Dismissing a bunch of petitions filed by the state chapter of Indian Medical Association and others, which had challenged the use of the prefix by physiotherapists and occupational therapists, Justice V G Arun said there was no legal bar on such professionals prefixing ‘Dr’ to their name. The petitioners contended that while specialist medical professionals in the field of physical medicine and rehabilitation are qualified doctors, physiotherapists and occupational therapists merely provide supportive services. They argued that such professionals do not possess the qualification to function as first-contact healthcare providers, and that their qualifications, at best, enable them to administer physiotherapy under the instructions of a qualified medical practitioner. 

The petitioners also challenged the Competency-Based Curriculum for Physiotherapy and Occupational Therapy, which permits the use of the prefix ‘Dr’ with the suffix ‘PT’/‘OT’, contending that this equates them with modern medical practitioners. 

The HC, however, noted that the term ‘doctor’ originates from the Latin word doctor, meaning teacher or instructor, and that neither the National Medical Commission (NMC) Act nor allied statutes provide for the exclusive use of the prefix ‘Dr’ by qualified medical professionals. 

In the absence of such statutory provisions, the petitioners could not claim an exclusive right to use the prefix ‘Dr’, the bench said.

HC: No addl certificate needed for MD anaesthesiology docs

HC: No addl certificate needed for MD anaesthesiology docs

TIMES NEWS NETWORK 21.01.2026

Bengaluru : The high court has held that a medical doctor with a three-year MD degree in anaesthesiology qualifies as a registered medical practitioner under Rule 2(iv) (ib) of the Narcotic Drugs and Psychotropic Substances (NDPS) Rules and could thus be nominated as a designated doctor. The ruling came while allowing a joint petition filed by the Mangaluru branch of Indian Society of Anaesthesiologists, the Nursing Home and Hospital Management Association, Mangaluru, and Mangala Hospital and Mangala Kidney Foundation, Mangaluru. 

Mangala Hospital had challenged a June 27, 2025 communication from the assistant drugs controller of Mangaluru, refusing to renew its licence on grounds that the designated doctor — though an MD in anaesthesiology — lacked a certificate in pain relief and palliative care for opioid-dependence treatment. The official had indicated that the licence would be renewed if such a certificate was produced. The hospital claimed that MD anaesthesiology training inherently includes structured instruction in pain management, palliative care, and opioid-based therapy, including clinical use of narcotic analgesics, as mandated in the curriculum. It added that there was no statutory or regulatory requirement under the governing medical or narcotics control framework mandating the acquisition of any separate or additional certificate for a medical practitioner so qualified to provide pain relief, palliative care, or opioid-based treatment. 

On the other hand, the state govt defended its action, contending that the rules mandated possession of such training as a prerequisite. However, deputy solicitor general H Shanthi Bhushan, appearing for the central govt, submitted that a degree in MD anaesthesiology was a recognised postgraduate qualification under National Medical Commission (NMC) and inherently satisfied the requirement under Rule 52N of the NDPS Rules, 1985, for registered medical practitioners to possess, prescribe, and dispense  essential narcotic drugs for pain relief and palliative care. He also submitted that no additional training was required for MD anaesthesiology holders to obtain an additional certificate or training in terms of Form 3F of the NDPS Rules. 

He also placed on record the opinion of subject expert Dr Atul Ambekar, professor, National Drug Dependence Treatment Centre, and department of psychiatry, All India Institute of Medical Sciences, New Delhi. After perusing the materials on record, Justice Suraj Govindaraj pointed out that the central govt itself had categorically come to the conclusion that a registered medical practitioner holding an MD (anaesthesiology) degree does not require supplementary training in order to prescribe essential narcotic drugs for palliative care and pain management. Allowing the petition, the judge directed the assistant drugs controller, Mangaluru, to consider the qualification of the nominated doctor as sufficient and issue the necessary certificate of licence renewal to Mangala Hospital. 

9 years is enough punishment! Supreme Court tells university to consider apology of doctor penalised for wearing digital watch in exam

9 years is enough punishment! Supreme Court tells university to consider apology of doctor penalised for wearing digital watch in exam 

Written By : Barsha Misra

Published On 17 Jan 2026 1:27 PM 

Supreme Court of India

New Delhi: After considering the appeal of a young doctor's father, the Supreme Court has allowed the medico to tender an unconditional apology to the medical college for wearing a digital watch in an exam.

Further, the top court bench has also requested the university to consider his representation with "utmost sympathy" and an endeavour to save the young professional's career.

While considering the plea by the father, the Apex Court observed that the son's nine-year professional exile was "a more than sufficient punishment having regard to the nature of the misdemeanours", and also noted that any further blockage of his career would be "too harsh and disproportionate".

"At the end of the day, there is a father standing in court with folded hands, trying to save the academic career of his son, in whose MBBS degree, it appears that the University has made some adverse remarks based upon the history of adopting unfair means. The sheer frustration caused due to the inability of his son to pursue higher studies, is seemingly prompting the first petitioner, seemingly has brought negativity and is instigating the first petitioner to file complaints here and there. While we do not find any merit in those complaints, within the scope of interference under Article 137 of the Constitution, and consequently, we see no ground to interfere with the imprinted order passed by the Bar Council of India..." ordered the Supreme Court bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi.

The matter goes back to February 2017, when at Chennai-based Sri Ramachandra Medical College, the petitioner's son was found wearing a digital wristwatch during an examination. Under the University's strict "unfair means" policy, the student's exam was cancelled. Despite clearing the papers later, the shadow of the incident continued to follow the student. This resulted in the family getting engaged in a relentless legal crusade, losing in the High Court and the Supreme Court, dismissing their Review and Curative petitions.

As per the latest media report by Verdictum, the student's father appeared in person, alleging a conspiracy involving "polluted counsels" and "fabricated documents". He also argued that the Bar Council of India failed to investigate his claims of fraud by legal representatives who allegedly withdrew the petitions without consent.

After considering the matter, the Court observed,

"We are conscious of the fact that Ramchandra Medical College and Research Institute, Purur, Chennai, has not been called or heard at this stage. It is so only to avoid them to be burdened with litigation expenses, especially when we are not passing an order of irreversible adverse impact on the functioning of the college. So, all that we observe is that Petition No. 2, for that matter, even his father, Dr. ***, Petition No. 1, to tender an unconditional apology to the university along with an application for expunsion of the adverse marks said to have been recorded in the marksheet of MBBS degree. We request the medical college to consider such a representation with utmost sympathy and with an endeavour to save the professional career of a young doctor. The amendments in favour of the petitioners, it shall be highly appreciated if a favourable order is passed at the earliest and preferably within one month from the date of submission of the representation." While refusing to reopen the merits of the original 2017 disqualification or the dismissed curative petition, the Court pivoted toward a humanitarian solution. The Court observed that the sheer duration of the struggle- a nine-year block on a medical career- had become a punishment far exceeding the gravity of the original offence.

The Court did not entertain further litigation against legal professionals or the university and directed the petitioners to offer an unconditional apology to the institution. Also, the Court requested the University to act with "utmost sympathy" to expunge the adverse remarks, prioritising the future of young professionals over the technicalities of past misconduct.

"However, it seems to us that the first petitioner, as well as his son, have suffered enough on account of the misdemeanours committed by Petitioner No. 2 while he was appearing in the examination held on 23rd February 2017. The multiple rounds of unsuccessful litigation, coupled with the fact that Petition No. 2 has not been able to seek admission to higher specialised courses for almost nine years, is a more than sufficient punishment having regard to the nature of the misdemeanours attributed to him, his son, attributed to the second petitioner. If his professional career as a doctor is permanently blocked, which is bound to happen if there are adverse marks in his degree issued by the medical college, such a punishment will become too harsh and disproportionate to the proven misconduct," ordered the Court. With this observation, the Court disposed of the matter.

Madras HC relief for SC medico denied government quota

Madras HC relief for SC medico denied government quota

Affirmative action is not exception or bounty, but is constitutional right of student concerned, says Justice Chakravarthy

Differing with the submission, Justice Chakravarthy said, “I find force in the case of the petitioner that even though she comes within the government quota seats in the Private Medical College, she has wrongly been denied the seat.”(Express illustration)

R Sivakumar

Updated on:

09 Jan 2026, 8:28 am

CHENNAI: The Madras High Court has come to the rescue of an Arunthathiyar (SC-A) MBBS student, who was given admission under the management quota though eligible for government quota, by ordering the state government to bear the excess amount of fees over and above the government quota.

Justice D Bharatha Chakravarthy passed the orders recently on a petition filed by S Malarvizhi, of Palaiyapalayam village in Namakkal district, currently pursuing MBBS course at the Karpaga Vinayaga Medical College in Madhurantagam.

The petitioner scored 455 marks out of 720 in NEET and was eligible for admission under the government quota seat under SC-General category. However, she was given admission under the management quota during 2024-25. Seeking to quash the merit list as less meritorious candidates were given government quota seats, she moved the HC.

Representing the petitioner, advocate N G R Prasad, assisted by advocate Parveen Banu, submitted that the Selection Committee has committed the mistake of considering her only for SC-A quota and not under SC-General for which she was very much eligible.

He said the TN Arunthathiyars (Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Scheduled Castes) Act, 2009, and Clause 18 (6) of the admission prospectus provided for considering the candidate under the SC-General category also but such benefit was denied.

However, standing counsel for the Selection Committee, advocate Sneha, submitted that as per the relevant Act and rules, an SC-A candidate can be considered for admission under the SC-General category only if there are no seats available in the former and when the petitioner was considered for admission, there were BDS seat vacancies under the SC-A category.

Differing with the submission, Justice Chakravarthy said, “I find force in the case of the petitioner that even though she comes within the government quota seats in the Private Medical College, she has wrongly been denied the seat.”

He said reservation is not a bounty but a right. “Even assuming that the procedure that is adopted by the respondents is right, now the law is very well-settled that the reservation or positive discrimination/affirmative action is not an exception or a bounty that is conferred on the student concerned but is a valuable constitutional right ensuring equality and merit,” he said.

Justice Chakravarthy also said the relevant Act, rules and the 2010 G.O. provide for consideration of SC-A candidates under the SC-General category too.

Declaring the non-selection of the petitioner to the government quota seat as “illegal”, he ordered the student to pay only the government quota fees and directed the respondent authorities to pay the difference of fees amount above the government quota amount of Rs 4.35 lakh per year and reimburse the difference in fees already paid.

The judge made it clear that the order of payment of difference in fee amount shall not preclude the petitioner from availing of scholarships or other benefits meant for SC-A students.

Madras HC says heirs of temporary staff not eligible for compassionate jobs It observed that the scheme of compassionate appointment is a special scheme and not a constitutional scheme.

Madras HC says heirs of temporary staff not eligible for compassionate jobs It observed that the scheme of compassionate appointment is a special scheme and not a constitutional scheme.

Madras High Court 

Express News Service Updated on:  14 Dec 2025, 9:11 am 

CHENNAI: The Madras High Court has set aside an order of the central administrative tribunal (CAT) which had ordered the Southern Railway to pass appropriate orders on the application of the legal heir of a deceased temporary worker for a job under compassionate grounds.

A division bench of justice SM Subramaniam and C Kumarappan held that the scheme of the Union government for compassionate appointments does not provide for appointment to the legal heir of a temporary worker.

It allowed the appeal filed by the Southern Railway challenging the April 21, 2022 order of the CAT passed on the petition filed by D Marimuthu, whose father, a casual labourer, died on harness, seeking appointment on compassionate grounds.

The bench noted Clause 2 (B) Note-II of the scheme of Central government for compassionate appointments defines the eligibility of only the legal heir of “Government Servant” appointed on regular basis and not those working on daily wages.

Advertisement “The scheme itself is not applicable to casual labourers, therefore, the CAT cannot expand the scope of the scheme so as to provide a government job which is in violation of the constitutional principles and would infringe the rights of numerous eligible meritorious candidates, who are all longing to secure public employment by participating in open competitive process,” the bench said in the order.

It observed that the scheme of compassionate appointment is a special scheme and not a constitutional scheme. Such appointment is a concession and can never be claimed as an absolute right.

Marimuthu’s father joined the Southern Railway as a casual labourer on April 11, 1973 and his temporary status was confirmed on October 1, 1974.

He died on October 20, 1987. After a lapse of 16 years, he applied for compassionate appointment. It was rejected on the ground that the legal heirs of casual labourers are not eligible. He approached the CAT which directed Southern Railway to consider it; again, the application was rejected. He filed another petition and the CAT passed the order to check the family conditions and decide on the application. This order was challenged in the high court.

HC: No fresh probe on retd staff if rules forbid

HC: No fresh probe on retd staff if rules forbid 

Vasantha.Kumar@timesofindia.com 15.12.2025

Bengaluru : If the service rules pertaining to an organisation or entity don't permit, a de novo (fresh) inquiry against a retired employee cannot be held, ruled the Dharwad bench of the high court. Justice M Nagaprasanna made this observation while allowing the petition filed by Bahubali, a resident of Yallapur, Uttara Kannada district. The petitioner, chief executive officer/manager of the local Vikas Urban Cooperative Bank, was removed from service on June 30, 2018. Insubordination, revealing customers' secrets, causing disturbance during working hours, and other charges were levelled against him. He challenged the same before Registrar of Cooperative Societies and was unsuccessful as his plea was rejected on Jan 3, 2020. He then moved Karnataka Appellate Tribunal. On Aug 24, 2023, the tribunal ruled in his favour. 

However, the bank's management had reserved the liberty to hold a fresh inquiry against Bahubali if their service rules permitted the same. Challenging the said portion of the tribunal's order, Bahubali approached the high court, contending that he retired from service on May 31, 2020, and that the bank's service rules don't permit a fresh inquiry after an employee's retirement. On the other hand, the bank claimed that Bahubali indicated he was ready for settlement, and the bank was also willing for the same, yet he continued with the litigation. 

However, after perusing the materials on record and the Supreme Court's judgment in the Anant R Kulkarni case, Justice Nagaprasanna noted that the apex court held that a de novo inquiry against a retired employee is impermissible in law unless the service rules so permit. Upon perusal of the bank's service rules, no liberty is reserved to the employer to conduct a de novo inquiry or any inquiry against a retired employee. If no inquiry can be held against a retired employee, the tribunal ought not to have reserved liberty to the bank to hold a de novo inquiry. That portion of the order is admittedly contrary to law. Therefore, the petition deserves to succeed, the judge observed while allowing the petition.

SC: Employment on compassionate ground no ladder for promotion

SC: Employment on compassionate ground no ladder for promotion

Dhananjay.Mahapatra@timesofindia.com 15.12.2025

New Delhi : In an important ruling, Supreme Court has said that a person employed on compassionate grounds to alleviate family difficulties because of death of a parent in harness cannot seek appointment to higher posts merely because they have the requisite qualifications for the same.

 A bench of Justices Rajesh Bindal and Manmohan on Friday reversed a Madras high court judgment directing Tami Nadu govt to promote two persons initially appointed as sweepers on compassionate grounds, due to death of their fathers, as Junior Assistants as they had the requisite qualifications for that post at the time of their appointment in 2007 and 2012. 

Both had approached HC in 2015. The bench said employment is provided on compassionate grounds to the eligible kin of an employee who dies in harness to enable the family of the deceased to tide over difficult times. “Such appointment which is arising out of exceptional circumstances cannot be used as a ladder to climb up in seniority by claiming a higher post merely on the basis that he/ she is eligible for such post,” it said. 

Writing the judgment, Justice Bindal said once the dependent of a deceased employee is offered employment on a compassionate basis, their right stands exercised. “Thereafter, no question arises for seeking appointment to a higher post. Otherwise, it would be a case of ‘endless compassion’,” he said. 

The bench said compassionate appointment is a relief against financial hardship caused by the sudden and unforeseen loss of the earning member of a family, and employment to the kin of the deceased is provided under such circumstances to ensure that the family members do not face impoverishment.

SC castigates NMC on stipend issue

SC castigates NMC on stipend issue 

TIMES NEWS NETWORK 04.11.2025

With National Medical Commission (NMC) failing to ensure that all private medical colleges and deemed universities pay stipend to MBBS interns, Supreme Court (SC) directed the Union health secretary to ensure that NMC collects details of charges imposed by these institutions and the stipend they pay. SC, in an order last week, said

it expected the commission “to wake up from slumber” and directed it to file a comprehensive compliance affidavit within two weeks. Over two years after SC said non-payment of stipend to MBBS interns was akin to bonded labour, not only has NMC failed to ensure payment, it has failed to even produce a list of medical colleges with details of how much they paid as stipend or penalise colleges not paying stipend, as it has been threatening to do. I

n July, NMC had issued a public notice directing colleges to submit the complete course-wise fee structure and details of stipend payment to MBBS interns/junior residents/senior residents etc, tuition fees, hostel charges, caution deposits and all miscellaneous charges. NMC had threatened to act against the colleges, including issuing show-cause notices, imposing financial penalties, withdrawing course recognition and suspending admissions, if they failed to comply. 

A few days before the July 11 public notice, NMC had issued another notice, pushing the onus of addressing grievances of medical students onto colleges, universities and directorates of medical education at the state level. Before the sudden move to shift responsibility and the U-turn soon after, NMC had issued notices to colleges thrice in 2024, threatening action. However, with no action being taken, colleges clearly have not taken the threats seriously. SC observed that NMC “seems to be dragging its feet without having any serious concern.”

Law Colleges Can’t Bar Students From Exams Over Attendance Shortage:

Law Colleges Can’t Bar Students From Exams Over Attendance Shortage: HC 9 Yrs After Death By Suicide Of Student, Court Says Norms Can’t Be So Stringent 

Abhinav.Garg@timesofindia.com  04.11.2025

New Delhi : Nine years after an Amity Law School student died by suicide after being barred from taking semester exams because of attendance shortage, Delhi High Court ruled that no law college or university can stop students from sitting for tests on this ground. Referring to the death of Sushant Rohilla and the "stark realities that have come to the surface," a bench of Justices Prathiba M Singh and Amit Sharma said it was "strongly of the view that attendance norms for education in general, and legal education in particular, cannot be made so stringent” that it causes mental trauma and death. 

It directed the Bar Council of India to re-evaluate the mandatory attendance norms and also ordered long-term reforms on mental well-being. "Sushant Rohilla has now left a permanent and indelible mark in the legal education space," the bench said, disposing of a suo motu petition by Supreme Court that was transferred to the high court. 

Rohilla, a third-year student, was allegedly barred from sitting for the semester exams because he did not have the requisite attendance. He left behind a note that said he felt like a failure and did not wish to live. Criminal proceedings against Amity Law School by Rohilla's family ended last year when both parties signed an out-of-court settlement. In its 122-page order, the high court passed a series of directions for law institutes. "... No student enrolled in any recognised law college, university, or institution in India shall be detained from taking examinations or be prevented from further academic pursuits or career progression on the ground of lack of minimum attendance," it said. 

No law college, university or institution should be permitted to set attendance norms over and above the minimum percentage prescribed by the BCI, the bench added. It also directed all BCI-recognised law colleges and universities to implement measures, such as a weekly notification of attendance of students on an online portal or a mobile app, monthly notice to guardians on attendance shortage, and extra physical or online classes for students who do not fulfil the minimum attendance norms. 

"If at the end of a semester, a student still does not qualify the prescribed attendance norms, the college or university cannot bar the student from taking the examination," the court said. Lack of attendance can be penalised by reducing the grade in the final result, it said. 

The court said even if attendance was not the only factor in Rohilla’s death, but just a contributing factor, still the loss of the life of a young boy could not have come at the behest of such norms. "There are several other cases of suicide by students over the years which have been connected to mandatory attendance requirements, mental health crises arising from the pressure to meet such requirements, and other related issues," the court said.

Pay service benefits to wife of missing govt employee: HC

Pay service benefits to wife of missing govt employee: HC 

25.10.2025 TIMES OF INDIA DELHI 

Raipur : Dependent wife of a missing govt employee can challenge his ex parte termination and claim service benefits of the employee who has been presumed dead after law-mandated absence of seven years, Chhattisgarh high court ruled earlier this week, reports Partha Behera . 

With this, the court dismissed a writ petition filed by Steel Authority of India Limited (SAIL) and Bhilai Steel Plant (BSP), upholding an order mandating the company to provide all consequential service benefits to family of the missing employee. A division bench comprising Justice Sanjay K Agrawal and Justice Radhakishan Agrawal directed BSP to expeditiously finalise the service benefits for the woman. 

The bench rejected SAIL’s challenge against the order of Central Administrative Tribunal (CAT), Bilaspur bench, which had set aside the employee’s removal from service. The employee, a senior technician at BSP’s Rajhara mines, went missing on Jan 14, 2010. His wife had lodged an FIR regarding his disappearance. Despite receiving an official intimation about his missing status, BSP proceeded to issue a charge sheet against the absent employee on Dec 11, 2010, and subsequently removed him from service through an ex parte order dated Sept 17, 2011. 

CAT allowed the woman’s application, setting aside the removal order and directing BSP to grant all consequential benefits. SAIL/BSP challenged this order in HC, arguing that the woman lacked locus standi to file the plea without a civil court declaration presuming her husband’s death. The HC bench, however, held that since the employee had not been heard from for more than seven years, presumption of death under Section 108 of Indian Evidence Act, 1872, applied. 

The court noted that a civil court declaration under Specific Relief Act, 1963, was unnecessary when the fact of the seven year absence was undisputed. HC said BSP committed a legal error by terminating the employee’s service despite being aware of his missing status.

8.8 Lakh Execution Petitions Pending Across Country :

8.8 Lakh Execution Petitions Pending Across Country : 

Supreme Court Expresses Alarm, Asks High Courts To Ensure Speedy Disposals 

LIVELAW NEWS NETWORK 18 Oct 2025 10:26 AM

The Supreme Court has expressed serious concern over the alarming pendency of execution petitions across the country, revealing that 8,82,578 execution petitions remain pending before district courts nationwide, despite earlier directions to High Courts to ensure their disposal within six months.

A Bench of Justice J.B. Pardiwala and Justice Pankaj Mithal was monitoring compliance with its March 6, 2025 order in Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr., which set a 6 month limit to dispose of execution petitions.

The Court described the statistics received from the High Courts as “highly disappointing" and "alarming."

The data compiled from all High Courts shows that Bombay (3.41 lakh), Madras (86,148), Kerala (82,997), and Andhra Pradesh (68,137) are among the jurisdictions with the highest pendency. The Court noted that while 3,38,685 execution petitions were disposed of in the last six months, the backlog remains massive.

The statistics which we have received are highly disappointing. The figures of the pendency of the execution petitions across the country are alarming.

The Bench recorded its displeasure that the Karnataka High Court had failed to furnish the required data, despite explicit directions. The Court directed the Registrar General of the Karnataka High Court to submit an explanation within two weeks and to immediately provide the updated figures on pendency and disposal.

Reiterating its earlier directions, the Supreme Court asked High Courts to ensure effective follow-up with their district judiciary for the disposal of pending execution petitions.

"As observed in our main Judgment, after the decree is passed, if it is going to take years and years to execute the decree, then it makes no sense and would be nothing short of travesty of justice,"the Bench remarked.

Calling upon the High Courts to evolve effective procedures and monitoring mechanisms, the Court fixed April 10, 2026 for the next review of compliance, directing that complete figures on the status of execution petitions ,including those pending on the original side, be furnished before the next hearing.

"We once again request all the High Courts to evolve some procedure and guide their respective District judiciary for effective and expeditious disposal of the execution petitions which are pending as on date."

The Supreme Court Registry has been directed to forward a copy of this order to all High Courts for immediate action.

Case : Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr. | Miscellaneous Application Nos.1889-1891/2025 in C.A. Nos.3640- 3642/2025

Honest public servants should be protected from ‘unwarranted frivolous prosecution’, says court

Honest public servants should be protected from ‘unwarranted frivolous prosecution’, says court

COURTS STRESS ON SHIELD FOR THE HONEST, CENSURE FLAWED  PROBES

 Vineet.Upadhyay@timesofindia.com 07.10.2025

New Delhi : Observing that courts must protect honest public servants from “unwarranted frivolous prosecution”, a court acquitted one Ashutosh Vasant, a former director of a PSU, in a corruption case. There are officers who give their life and soul to build the institutions they work for, and therefore, such a lopsided approach needs to be discouraged, Special Judge Sunena Sharma stated on Sept 25. 

The court said it appeared that CBI wanted us to see a ghost where there was none and Vasant, when he was at the peak of his career, fell prey to unfulfilled ambitions of some of his disgruntled colleagues who started considering him as a stumbling block to their career ambitions. “Though the case is ending up in acquittal, the damage suffered by the accused on account of the allegations raised in this case is enormous, and unfortunately, in this entire process, the career of the accused got stalled, jeopardised and ruined,” said the court. In 2019, CBI booked Railtel director Vasant and two firms for alleged misconduct in officials’ travel to the United States in 2012. Railtel, a public sector company, runs a nationwide broadband, telecom, and multimedia network to modernise train control operation and safety systems of Indian Railways. According to the prosecution, Vasant travelled by economy class and raised a bill for business class. He allegedly did not produce any journey documents to hide the cheating committed by him in the purchase of tickets. 

The prosecution alleged that on the recommendation of Vasant and two other officials, Railtel selected the consortium of two companies—United Telecom Limited and Infinera — which were alleged to be non-compliant vendors, for the tender of dense wave division multiplexing technology. The judge did not find any cogent or credible evidence on record to support the prosecution case that the accused received Rs 2,06,500 in cash as wrongful gain or pecuniary advantage from a travel agency as a refund of the residual amount of his business class ticket and caused a corresponding loss to the govt exchequer. 

The court said a mere suspicion or an erroneous administrative decision (act or omission) taken in good faith cannot be transformed into a corruption charge in the absence of clear evidence of any pecuniary advantage. Highlighting that undoubtedly, a “zero tolerance” policy against corruption is the need of the hour to uphold ethical governance, the court said any investigation or trial should not start with a preconceived notion that all public servants are corrupt or dishonest

Vijay fled, shows no remorse, says HC, sets up stampede SIT

Vijay fled, shows no remorse, says HC, sets up stampede SIT 

politi

Bus Involved & CCTV Footages From Incident Spot To Be Seized

 Sureshkumar.K@timesofindia.com  04.10.2025

Chennai : Criticising actorpolitician Vijay and his Tamilaga Vettri Kazhagam (TVK) members for first causing a stampede that killed 41 people in Karur on Sept 27, and then abandoning their cadres and followers, Madras HC ordered aprobe by an SIT Friday. Citing two accidents involving Vijay’s campaign vehicle, which did not stop even after dashing against the bikes of his accompanying cadres, HC also ordered registration of a hit-and-run case against the politician. “Both the driver and the leader (Vijay) saw the accident but left the place without stopping... This court highly condemns the attitude of the party (TVK)... There was not even a remote sense of feeling expressed by the party taking responsibility for organising such an event. This only shows the mental state of the leader and the party,” Justice N Senthilkumar said.

 “The SIT will be headed by Asra Garg, IGP (north zone), and comprise Vimala, SP, Namakkal, and Shyamaladevi, SP. In addition, Garg is at liberty to select additional team members under any category/designation as he deems fit,” said the judge. 

All available CCTV footage from the place of the incident, and in particular CCTV footage inside and outside the bus carrying the head of the political party, shall be seized. The bus involved shall also be seized, the court said. “In both cases (campaign vehicle hitting two bikes), police have not registered an FIR for hitand-run. Court expresses its deep anguish and agony that even if no complaint is filed by the aggrieved, state has suo motu responsibility to register a case, bring the perpetrators of the crime on record, and make them face trial,” Justice Senthilkumar said. 

“Neither the politician nor his followers were there at the scene of occurrence after the incident. The President, the PM, Union home minister, CM of Tamil Nadu, and leader of opposition condoled the incident, and almost all political parties were there to rescue people. This court could not understand how the political party that organised the rally abandoned the scene of occurrence immediately after the incident,” the judge said. “The fateful occurrence resulted in the loss of 41 lives. 

Unfortunately, the organisers, right from the leader... vanished, leaving their own cadres, leaving their own followers, leaving their own fans in the lurch,” the judge said.

 “Such an irresponsible attitude of any politician or organisation cannot be taken lightly. The court owes its responsibility towards its citizens. It is unfortunate to record such leadership quality,” the judge said. The court was passing the order on a plea moved by P H Dinesh, of Chennai, seeking to restrain TN home secretary and DGP from granting permission for road shows to Vijay’s TVK or other political parties until guidelines are framed for such events.

Madras HC refuses to order college to readmit student held in drug case

Madras HC refuses to order college to readmit student held in drug case

The orders were passed recently on a petition filed by P Pradeep, a third year LLB student of the Central Law College, Salem.

He was arrested in a criminal case registered under NDPS Act, 1985, on September 10, 2024, and was released on bail on October 14, 2024.

Express News Service

Updated on:

30 Sep 2025, 8:22 am

CHENNAI: The Madras High Court has refused to order a private law college to readmit a student who was dismissed after being arrested in a drug case. However, the court quashed the termination order, as it was passed without issuing notice to the student before taking the decision to dismiss him, and directed the college to initiate fresh proceedings.

The orders were passed recently on a petition filed by P Pradeep, a third year LLB student of the Central Law College, Salem. He was arrested in a criminal case registered under NDPS Act, 1985, on September 10, 2024, and was released on bail on October 14, 2024.

The college administration passed an order on December 2, 2024, dismissing him from the college and sent his transfer certificate and other original certificates to him.

Pradeep filed a plea against the dismissal and contended that he was not issued notice before deciding to dismiss him; and this amounted to violation of principles of natural justice. He prayed for the court to quash the order and direct the college to readmit him.

Justice Kumarappan observed that the principles of natural justice were not followed and so quashed the impugned order. He directed the college to pass a fresh order after following due procedures in four weeks. Until final decision is taken, the petitioner is not entitled to enter the college except for inquiry, the order said.

HC: Don’t share info with anyone, except for probe

HC: Don’t share info with anyone, except for probe 

Justice Govindaraj noted that while Section 29 restricts divulging of Aadhaar information, Section 33 allows it on a high court order, as is the case here. 

“What is required to be ascertained here is whether the said Aadhaar card was used by the son of the petitioner or someone else, and the location of the said usage,” he said. 

The court directed UIDAI to provide police with location details where the card was used and instructed cops not to share them with anyone except as required for probe. HC to UIDAI: Share Aadhaar location data to trace missing man

Bengaluru : Karnataka HC has directed UIDAI to share Aadhaar location details to help trace a man who has been reported missing from Hubballi since Dec 2019. Allowing a petition filed by Hubballi resident Krishnamurthy, whose elder son, Vijay Krishnamurthy Sangeet, is missing since Dec 19, 2019, Justice Suraj Govindaraj ruled that the authorities requiring the use or authentication of an Aadhaar card during a probe must approach the high court under Section 33 of the Aadhaar Act, 2016. Vijay, an adult, remains untraceable despite attempts by the police to locate him. Krishnamurthy came to know on June 20, 2023, that his son’s Aadhaar card had been used for the purpose of authentication. Police and the petitioner then sought Vijay’s Aadhaar authentication history from UIDAI. With the Central agency refusing to share the details, the petitioner moved Karnataka high court for redressal.

HC: Conduct add’l mop-up counselling for NEET-SS

HC: Conduct add’l mop-up counselling for NEET-SS 

TIMES NEWS NETWORK  19.09.2025

Chennai : Madras high court has directed the director general of health services and the medical counselling committee to conduct additional mopup counselling for NEET-SS 2024-25 to include the unfilled super-specialty seats in Tamil Nadu and complete the process within four weeks. 

Justice G K Ilanthiriayan issued the order following a plea by three PG doctors who wanted to pursue super-specialty courses of their choice but were denied due to the nonconduct of mop-up counselling. Representing the petitioners, senior advocate P H Arvindh Pandian submitted that the failure of the counselling committee to conduct mop-up counselling for NEET-SS 202425 has left a large number of super-specialty seats vacant, despite there being willing, eligible, and meritorious candidates available to fill them. 

The denial of a mop-up counselling round results in the arbitrary and unjustified non-utilization of valuable public and private medical education resources, particularly in high-demand specialties and prestigious institutions like the Madras Medical College, Stanley Medical College, and Madurai Medical College.

 “The authorities are under a statutory and administrative obligation under the PG Medical Education (Amendment) Regulations, 2019, to conduct counselling for all super specialty seats in a manner that ensures maximum seat utilization. The current approach defeats this objective,” he added.

Employed wife also entitled to maintenance: HC

Employed wife also entitled to maintenance: HC 

Abhinav.Garg@timesofindia.com  12.09.2025

New Delhi : Noting that a highly qualified, gainfully employed wife is also entitled to maintenance if she enjoyed a better standard of life in the matrimonial home, Delhi HC has enhanced the monthly maintenance from Rs 35,000 fixed by the family court for the estranged couple’s child to Rs 1.5 lakh for the wife and the child. “Her financial self-sufficiency must be assessed not in absolute terms but relative to the standard of living maintained during the marriage... maintenance must be calibrated in a manner that allows both parties, especially the financially weaker spouse, to live with dignity, particularly when the respondent (husband’s) income is almost 10-fold,” a bench of justices Navin Chawla and Renu Bhatnagar observed in a verdict Wednesday. 

The wife is a DU assistant professor earning over Rs 1.2 lakh per month while her husband is a senior data scientist with an MNC drawing an annual income exceeding Rs 1 crore, with benefits like RSUs, stock options and international travel allowances, HC noted. “Despite her employment, her income doesn’t sufficiently meet the demands of sustaining the standard of living she and the child were accustomed to prior to the separation. 

It is evident while the appellant earns an income, it is not comparable to the scale and diversity of the respondent’s earnings,” the bench said. Faulting the family court for focusing only on the wife’s qualification and employment, HC noted though she is earning, “her income is insufficient to support her own needs and those of the minor child”. “She is residing with her parents, which cannot continue indefinitely, and her limited earnings compel her to remain dependent on them. With such resources, she is unable to maintain a reasonable standard of living,” it said, adding the husband’s “substantially higher income makes him financially capable of providing adequate maintenance”.

HC Quashes MBBS Student's Suspension In NEET Malpractice Case, Says NMC Can Act Post-Trial If Guilty

HC Quashes MBBS Student's Suspension In NEET Malpractice Case, Says NMC Can Act Post-Trial If Guilty 

Written By Barsha MisraPublished On 26 Aug 2025 3:22 PM 

Madras High Court

Chennai: Granting relief to an MBBS student, who was suspended after being framed with charges of malpractice in the National Eligibility-Entrance Test Undergraduate (NEET-UG) 2024 examination, the Madras High Court recently allowed him to attend classes and appear in the examinations.

The HC bench, comprising Justice C. Kumarappan, opined that suspending a student while the trial is pending would affect his right to pursue studies and jeopardise his future.

However, the bench made it clear that if the petitioner is ultimately held guilty in the trial, the National Medical Commission (NMC) can take an appropriate decision in accordance with law, which may include cancellation of his admission to the medical course.

The petitioner is currently pursuing an MBBS course at the Government Thiruvarur Medical College. He was issued with a suspension order on 15.04.2025 by the Dean of the medical college, allegedly without being given any opportunity of hearing on the grounds that he was framed with the charges of malpractice in the NEET UG 2024 examination. He is currently on bail granted by the Patna High Court.

It was argued by the petitioner's counsel that since the petitioner was arrested and remanded to judicial custody, the Dean had issued the suspension order based on the letter issued by the National Medical Commission (NMC).

Further, the petitioner's counsel submitted that if the petitioner, who was granted bail, was not allowed to attend classes, it would prejudice his education and would affect his eligibility to participate in the examinations. Further, the petitioner's counsel claimed that the petitioner is innocent and was falsely implicated in the criminal case.

The petitioner's counsel relied on a judgment from the Rajasthan High Court in the case of Vikas Vishnoi vs. Controller of Examinations, Rajasthan University of Health Science, Jaipur and Others, where the Court had allowed an accused to continue his MBBS courses subject to certain conditions.

On the other hand, the counsel for NMC and the counsel for DMER, and the Dean and Vice Principal of Government Thiruvarur Medical College strongly objected to these contentions and submitted that the petitioner was arrested on serious allegations of malpractice in the NEET UG 2024 examination and an investigation was currently in progress by the Central Bureau of Investigation.

They further submitted that the petitioner was suspended based on NMC's recommendations and the question of reviving the suspension order would not arise at all, since the conduct of the petitioner was not only unethical but also unbecoming of a student.

After taking note of the submissions, the HC bench opined,

"...this Court is of the considered opinion that as rightly held by the Rajasthan High Court, suspending the petitioner, who is a student, while the trial is pending would affect the petitioner's right to pursue his studies and would jeopardize his future. Moreover, if the petitioner is ultimately acquitted, he would suffer the irreversible and irreparable loss of precious years of his studies." "The petitioner being a student, this Court would like to have a soft approach, though the allegations against the petitioner are serious in nature. Therefore, suspending the petitioner from College would effectively presume the petitioner guilty and amount to punishment before a final determination by the Competent Court," it observed. Accordingly, the bench granted the following relief:

(1) The petitioner's suspension order dated 15.04.2025 passed by the 5 th respondent-college is hereby quashed. The suspension is treated as quashed from the date of this order. The respondent college shall forthwith allow the petitioner to attend classes.

(2) If the petitioner fulfills the requisite attendance criteria, he shall be allowed to appear in the ensuing examination in accordance with law. The petitioner shall be allowed to complete the course, but the respondents shall not issue him a degree or register him unless the trial is concluded and he is acquitted of the charges.

(3) If the petitioner is held guilty in the trial, the National Medical Commission (NMC) shall be free to take an appropriate decision in accordance with law, which may include cancellation of his admission to the medical course. It is needless to state that if the petitioner is acquitted, he shall be issued a degree as soon as he is acquitted.