Poor academics no bar to jobs for high-rankers: HC

Poor academics no bar to jobs for high-rankers: HC 

18.04.2026

Cuttack : The Orissa high court observed that high ranking candidates in a recruitment exam cannot be disqualified on the basis of their poor academic records. The HC ruling came on Thursday while it was hearing a batch of 242 petitions challenging the Odisha Subordinate Staff Selection Commission’s (OSSSC) Oct 10, 2025 order, that denied candidates a place in the merit list for recruitment to the posts of livestock inspector, forester and forest guard, reports Lalmohan Patnaik . OSSSC had rejected the petitioners’ claim for appointment on grounds that they had adopted unfair means during the written exam. HC noted that the commission had not received report of illegality or irregularity in the conduct of the written exam from any of the 94 centres. Justice Biraja Prasanna Satapathy directed OSSSC to recommend the 242 petitioners for appointment within three weeks. The state govt was to ensure timely appointments.

Employees hired without advertisement or interview cannot be regularised:

Employees hired without advertisement or interview cannot be regularised:

Supreme Court The claim of being engaged sans an advertisement itself gives rise to doubts as regards the manner of engagement, the Court said.

Supreme Court of India. 18.06.2026

Ritu Yadav Published on: 17 Apr 2026, 8:33 pm

The Supreme Court has ruled that government employees hired on a contractual or ad hoc basis without any public advertisement or interview cannot be made permanent under a State policy [Madan Singh v State of Haryana]

A Bench of Justices P S Narasimha and Atul S Chandurkar passed the ruling on April 16 while striking down two notifications issued by Haryana government in 2014 to regularise services of a certain category of employees who had or were about to complete ten years’ of service.

The Court said that the Haryana government failed to justify why services of such ad hoc employees, who had not been engaged on the basis of any advertisement or interview, were sought to be regularised.

“The claim of being engaged sans an advertisement itself gives rise to doubts as regards the manner of engagement. Absence of any record whatsoever of the manner of engagement does not inspire any confidence in such a process,” the Bench said.

Justice PS Narasimha and Justice AS Chandurkar However, at the same time, the Court acknowledged the practical reality that many of these employees had been working for years.

"A period of almost twelve years has elapsed since the issuance of these two Notifications. It is the specific stand of the State Government that even after excluding the ad hoc employees from Group ‘B’, ‘C’ and ‘D’, who seek benefit of these two Notifications, none of the posts advertised would be aLected. Further, it is informed that such appointees have now gained sufficient experience and are likely to have settled in life with the passage of time," the Court noted.

It therefore invoked its power under Article 142 of the Constitution and allowed the employees to continue in service. However, it directed that they would be placed at the lowest pay scale applicable to their posts.

In 2018, the High Court in 2018 had struck down a set of Haryana government notifications aimed at regularising Group B, C and D employees. The decision was then challenged before the top court, which ordered a status quo during the pendency of the matter.

In the judgment passed on April 16, the top court modified the High Court ruling. While it struck down two of the notifications issued in July 2014, it upheld the validity of two similar notifications issued in June 2014.

The policies notified in June 2014 were aimed at extending the benefit of an older 1996 regularisation scheme to employees who had been left out earlier, it noted.

The Court found that the criteria prescribed was very much in tune with the criteria that would have otherwise been prescribed for regular recruitment

"The criteria prescribed was not in any manner watered down or deviated from the criteria required to be satisfied while seeking regular appointment. What is most relevant, in our view, is that such engagement should have been initially made on a sanctioned post and such engagement on the sanctioned post ought to be continuing even on the date of regularisation of service. This would clearly indicate that when such engagement on ad hoc basis was initially made, sanctioned posts were available and this position continued for a number of years so as to enable regularisation of services of the incumbents holding such posts," it said.

After pronouncing the judgment, Justice Narasimha remarked that the issue may require consideration by a larger Bench.

“We have gone through your suggestions. We had a particular difficulty being a combination of a two-judge bench. It would have created yet another problem of two conflicting two-judge benches. We have kept everything ready. We will ask you to do a repeat performance at a time, perhaps when we get this matter taken up at a three-judge bench, which is necessary, and we are going to do that because we have seen that it cannot continue like this. You know.,” Justice Narasimha said.

The Court placed on record its appreciation for the assistance rendered by amicus curiae Senior Advocate Nidhesh Gupta and advocates Japneet Kaur, Jhanvi Dubey, Ashok Mathur, Vriti Gujral, M Bikram Dwivedi and Jimut Mohopatra.

Can't have different DA hikes for staff and pensioners: Supreme Court

Can't have different DA hikes for staff and pensioners: Supreme Court 

The Supreme Court has ruled that differential dearness benefit increases for serving employees and pensioners are arbitrary. Inflation impacts both equally, making a 14% DA hike for serving staff and only 11% DR for retirees discriminatory. The court stated that while financial constraints can justify implementation delays, unequal benefit rates violate the right to equality.

Amit Anand ChoudharyTNN

Apr 11, 2026, 3:59 IST

NEW DELHI: Observing that inflationary pressures do not discriminate between a serving employee and a pensioner, hitting the two equally, Supreme Court Friday held that fixing differential rates of enhancement of inflation-linked dearness benefits for the two categories is arbitrary and cannot be allowed. 

A bench of Justices Manoj Misra and Prasanna B Varale disapproved of Kerala govt's decision to raise dearness allowance (DA) by 14% for state road transport corporation employees when the dearness relief (DR) for its retired employees was raised by just 11%. "...The Govt Order in question increases the rate of DA by 14% and DR by 11% even though the increase is to serve a common object, which is to mitigate the hardship faced by the serving employees and pensioners on account of inflation.

 Indisputably, inflation hits both serving and retired employees with equal force... Differentiating the two qua the rate of increase of DA and DR, in our view, has no rational nexus to the object sought to be achieved," Justice Misra said, accepting the plea of senior advocates V Chitambaresh and Vipin Nair. The state had contended that serving and retired employees belonged to different categories and differential rates for them did not violate the right to equality. Financial reasons alone could justify the same, it said. The bench said, "No doubt a financial crunch might be a guiding factor to defer disbursement of certain benefits or may justify separate dates for implementation of beneficial schemes. 

But once a decision is taken to provide certain allowances, as also to increase them ...fixing a higher rate of increase for the ones who are serving than the ones who have retired, would be arbitrary and violative of Article 14 of the Constitution."

Wife reneges on divorce by consent, SC invokes Art 142

Wife reneges on divorce by consent, SC invokes Art 142

 AmitAnand.Choudhary@timesofindia.com 14.04.2026

New Delhi : In a classic case of how court proceedings are misused in matrimonial disputes-a woman agreed for a divorce and signed a financial settlement agreement for separation but she not only reneged from the promise after getting a substantial part of the money from her husband, but she also filed a criminal case against him and his family members. 

The Supreme Court on Monday invoked its extraordinary jurisdiction under Article 142 to dissolve the marriage and also quashed the domestic violence case, brushing aside her opposition. The court dissolved the marriage and directed the husband to pay the final installment of Rs 70 lakh to her and also quashed all civil and criminal cases lodged by the couple against each other.

Madras HC bins plea on transfer of govt staff after 3 years

Madras HC bins plea on transfer of govt staff after 3 years

Apr 10, 2026, 02.06 AM IST

Chennai: Madras high court on Thursday refused to order transfer of govt employees who have been working in the same place for more than three years. The court observed that while the Election Commission (ECI) is taking action by transferring govt servants, interference by the court is not required.

The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan observed this, while disposing of a plea moved by Integrated Manapparai Taluk Rainfed and Irrigated Farmers Association.

According to the petitioner, a govt order (GO) was issued in 1994 mandating the transfer of govt employees working in various departments once every three years to ensure transparency in administration and to prevent misuse of power by officials. It further alleged that govt officials working in departments such as agriculture, revenue and police have been continuing in the same postings for more than three years, and as a result, they have been selectively extending govt welfare schemes to preferred individuals.

The association also contended that govt officials must act impartially during elections, but allowing them to continue in the same post for long durations is against election conduct rules and creates a possibility of them acting in favour of the ruling party. Refusing to entertain the plea, the bench observed that transfer of govt employees is a service-related matter and such a relief cannot be sought in a PIL. The court, however, directed the ECI to consider the petitioner's representation in accordance with law.

Judge breaks nib of pen after signing Sathankulam verdict

Judge breaks nib of pen after signing Sathankulam verdict 

TIMES OF INDIA  CHENNAI EDITION 07.04.2026

The convicts include the then inspector S Sridhar, sub-inspectors K Balakrishnan, P Raghu Ganesh, head constables S Murugan and A Samadurai, and four constables—M Muthuraja, S Chelladurai, X Thomas Francis and S Vailmuthu. 

A total fine of over ₹1 crore has been imposed on them. The 10th suspect, the then special sub-inspector Paldurai, who too had been arrested, died of Covid in Aug 2020. 

After signing judgment on Monday, judge Muthukumaran broke the nib of his pen. 

Jeyaraj and Beniks were taken to the Sathankulam police in Tuticorin district in south Tamil Nadu late in the evening of June 19, 2020, on charges of having kept their shop open beyond the deadline during the Covid-19 lockdown. They were brutally assaulted by the policemen at night and were lodged in Kovilpatti sub-jail the next day. 

Beniks died of injuries at the Kovilpatti govt hospital on June 22, 2020, while his father Jeyaraj died on June 23, 2020. Their deaths sent shock waves and triggered public outcry across the state, and Justice P N Prakash of Madras high court took note of the killings and ordered the transfer of probe to the CBI. 

Recalling the HC intervention, judge Muthukumaran said, “ If not for the HC, truth regarding the incident would have been buried along with mortal remains of the duo.” “It was an act of vengeance by the police. Jeyaraj was tortured since there was an altercation with the police and Beniks was tortured since he questioned the illegal detention of his father. 

The act was committed by the policemen with the deliberate intent to instill fear among the public as two traders had lost their lives,” the judge said. “Where there is power, there should be responsibility. The incident was an attack on human rights,” the judge observed and added that custodial death is a social evil. 

The judge observed that this is not the first case of custodial death and it is also not going to be the last case either. “Such incidents are occurring everywhere,” the judge said, referring to the George Floyd incident reported in the US and the recent incident where B Ajith Kumar, a temple security guard, died due to custodial torture in Thiruppuvanam in Sivaganga. 

“Those who should protect the public have misused their power. This was a case of fencing eating the crops,” he said. Earlier, the state govt asserted that custodial deaths could not be tolerated and the Centre stated that maximum punishment should be awarded to the convicts. 

All nine Sathankulam case convicts get death sentence 

Judge: This Is To Prevent More Such Incidents 

Madurai : All nine police personnel arrested in connection with the custodial deaths of P Jeyaraj and his son J Beniks who were tortured in Sathankulam police station in 2020, were sentenced to death on Monday. Mere life sentences would not be sufficient, as the policemen would have no fear and would, instead, get emboldened, said the first additional district and sessions court in Madurai, G Muthukumaran on Monday. 

“It would send a false message to society. The punishment imposed on the police personnel in this case should be stringent one in order to prevent the recurrence of such incidents in the future. All the nine convicted police personnel in the case were equally involved in the attack on the father-son duo which resulted in their death,” the judge said. “The justice we got today is justice for all common people,” Jeyaraj’s daughter, J Persis, told reporters. “No family should face the trauma we underwent. We believe judgment in this case will prevent such incidents of custodial deaths in the future.”

OBC quota based on birth, not marriage or migration: HC

OBC quota based on birth, not marriage or migration: HC 

TIMES NEWS NETWORK 02.04.2026

Bhopal : Madhya Pradesh high court has said that OBC reservation benefits cannot be claimed in the state on the basis of a caste certificate issued elsewhere, and that such benefits are determined by birth, not by marriage or change of residence. 

Dismissing a petition, the court upheld the cancellation of a candidate’s candidature during verification.The court also ruled that a woman cannot claim reservation benefits on the basis of her husband’s caste after marriage. The case pertains to Archana Dangi, a native of Jalaun in Uttar Pradesh, who had cleared the Higher Secondary Teacher Eligibility Test, 2018. Her candidature was cancelled during document verification as her OBC certificate had been issued in Uttar Pradesh. She argued that the Dangi caste is listed under the OBC category in both Uttar Pradesh and Madhya Pradesh. 

She also submitted that after marriage she became a resident of Madhya Pradesh and should be eligible for reservation benefits in the state. Opposing the plea, the state govt told the court that caste is determined by birth and not by marriage or change of residence. It also said that a caste certificate issued in another state is not valid for claiming reservation in Madhya Pradesh. 

The court further noted that while a woman may socially be part of her husband’s caste after marriage, reservation benefits are based on social and educational backwardness linked to birth, not marital status

HC: Daughter-in-law is not legally bound to maintain parents-in-law

 

HC: Daughter-in-law is not legally bound to maintain parents-in-law

Mar 29, 2026, 22:10 IST

Prayagraj: The Allahabad high court has ruled that a daughter-in-law is not legally bound to maintain her parents-in-law under Section 125 of CrPC (now Section 144 of BNSS), stating that moral obligations do not translate to legal ones without statutory backing.

The court observed that the right to claim maintenance is a statutory right and is confined only to the categories of persons expressly mentioned therein. Parents-in-law do not fall within the ambit of this provision, Justice Madan Pal Singh said in his recent order.Dismissing a criminal revision petition filed by an elderly couple — Rakesh Kumar and his wife against their daughter-in-law, he observed, "The legislature, in its wisdom, has not included parents-in-law within the ambit of the said provision. 

In other words, it is not the scheme of the legislature to fasten liability of maintenance upon a daughter-in-law towards her parents-in-law under this provision."An elderly couple had challenged an Aug 2025 order passed by the principal judge, family court, Agra, which rejected their application seeking maintenance under Section 144 of BNSS. The parents submitted that they were old, illiterate, indigent and wholly dependent on their deceased son during his lifetime.They contended that their daughter-in-law, who is employed as a constable in the Uttar Pradesh police, has sufficient independent income and has also received all service benefits of their deceased son. 

They also contended that the daughter-in-law's moral obligation to maintain her aged parents-in-law should be treated as a legal obligation.The court, however, rejected this contention, noting that there was nothing on record to indicate that the daughter-in-law's police employment was secured on compassionate grounds.The court also clarified that submissions regarding succession to the deceased son's property do not fall for consideration in these maintenance proceedings.

K’taka HC upholds mom’s right to give child her surname

K’taka HC upholds mom’s right to give child her surname

 Vasantha.Kumar@timesofindia.com  27.02.2026

Bengaluru : Karnataka HC has ruled that inclusion of the mother’s family name in the birth certificate of a child does not dilute or extinguish the substantive legal rights of any person, including that of the biological father. Granting relief to a nineyear-old girl and her mother, Justice Suraj Govindaraj said, “The biological and legal relationship between the child and the father, including the child’s rights of inheritance, succession, and maintenance, remains unaltered. The change sought by the mother was merely one of nome-nclature reflecting the real family environment in which the child is being raised.” 

The case arose from a livein relationship between two Nepalese nationals in Bengaluru. Their daughter was born in Feb 2017, and a birth certificate was issued in March 2017. The child’s father later ended the relationship and returned to Nepal. When the mother approached local authorities at Bruhat Bengaluru Mahanagara Palike to delete the father’s name and substitute it with her own, the request was rejected citing Registration of Births and Deaths Act, 1969. She then moved the HC. After examining the statutory provisions, the court held that the registrar had the authority to carry out corrections and the refusal amounted to a failure to exercise statutory power. 

Invoking its jurisdiction under Article 226 of the Constitution, the HC directed the issuance of a fresh birth certificate within four weeks. Stressing the “best interest of the child”, the judge noted that children abandoned by a parent were particularly vulnerable.

‘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.