‘Superior court can set aside bail if key factors ignored’

‘Superior court can set aside bail if key factors ignored’

TIMES NEWS NETWORK

New Delhi:12.10.2021

The Supreme Court has reiterated that if all relevant factors were not taken into consideration while granting bail then the superior court can set it aside.

“Where a court considering an application for bail fails to consider relevant factors, an appellate court may justifiably set aside the order granting bail. An appellate court is thus required to consider whether the order granting bail suffers from a non-application of mind or is not borne out from a prima facie view of the evidence on record. It is thus necessary for this Court to assess whether, on the basis of the evidentiary record, there existed a prima facie or reasonable ground to believe that the accused had committed the crime, also taking into account the seriousness of the crime and the severity of the punishment…” a bench headed by Justice D Y Chandrachud said while quoting apex court judgement passed in 2020 in Mahipal v. Rajesh Kumar.

It passed the order while quashing anticipatory bail granted to an accused. “The court has to determine whether on the basis of the material available at this stage, the High Court has applied the correct principles in allowing the applications for anticipatory bail.

The offence is of a serious nature in which Vikas Singh was murdered.

The FIR and the statements under Sections 161 and 164 of the CrPC indicate a specific role to Jogendra Singh and Suryabhan Singh in the crime. The order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations against Jogendra Singh and Suryabhan Singh. Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court,” it said.

The court has to determine whether on the basis of the material available at this stage, the High Court has applied the correct principles in allowing the applications for anticipatory bail

MU gets A++ rating till 2028

MU gets A++ rating till 2028

Mumbai:12.10.2021

Mumbai University’s rating from the National Assessment and Accreditation Council (NAAC) will be valid for seven years — as opposed to five — till 2028. High-performing institutions are given an extension by the council based on scores. MU recently bagged A++, with a score of 3.65 CGPA (cumulative grade point average), and became one of the highest rated public universities in the state, so far. As per the New Education Policy, MU will also be recognised as a research university. TNN

Airline industry goes private but ‘VIP culture’ seems set to stay

Airline industry goes private but ‘VIP culture’ seems set to stay

Saurabh.Sinha@timesgroup.com

New Delhi:12.10.2021

India has moved on to an era of private airlines (except for Alliance Air, which will also be sold off soon) and an increasing number of airports under the private-public partnership model, but ‘VIP culture’ seems set to remain firmly in place.

A letter from the Union aviation ministry on September 21 (before Air India was taken over by the Tatas) asked all airlines, airport operators and the aviation security regulator to ensure compliance with the “protocol/courtesy/ support to members of Parliament at airports”. Pointing out that these instructions had been issued from time to time, it said “some issues of negligence... have come to the notice of this ministry”. It requested “all concerned... to comply with the same in letter and spirit”.

While the letter listed the protocol that Air India had to follow and did not specifically name private airlines, the directive is applicable to them too. Among other things, the protocol said the duty manager, senior staff should facilitate MPs in completion of check-in formalities, make efforts to reserve seats in the front row for them; airport operators should provide MPs access to reserved lounges along with free tea, coffee or water.

TWIST IN THE TAIL

Guv’s tips for good NAAC grade to univ

 Guv’s tips for good NAAC grade to univ

TIMES NEWS NETWORK

Lucknow:12.10.2021

Governor Anandiben Patel directed officials of Dr Shakuntala Misra National Rehabilitation University (DSMNRU) to take students’ views before deciding the curriculum.

She gave suggestions on what the university should do to get a good grade from the National Assessment and Accreditation Council (NAAC) while viewing the university’s presentation of the self-assessment report for NAAC evaluation at Raj Bhavan on Monday.

The governor, also the chancellor of all state universities, advised university officials that to get a good NAAC grade, it was necessary to analyze the progress of the arrangements and discuss the same with the committees formed for NAAC. Work progress should be reviewed by dividing the tasks among responsible committees so that the work can be completed at a faster pace.

During the presentation, the governor also suggested that improving the facilities of the university according to NAAC standards is essential.

The university must have sports facilities for the differently-abled, she said.

Every UP dist will get a medical college, says Yogi

Every UP dist will get a medical college, says Yogi

Issues Ayushman Bharat Cards To Beneficiaries

Neha.Lalchandani@timesgroup.com

Lucknow:12.10.2021

Having promised to extend health benefits to those below the poverty line ahead of the 2022 elections, Chief Minister Yogi Adityanath issued Ayushman Bharat cards to Antyodaya card holders in Lucknow on Monday.

The CM had earlier set targets for all district administrations to identify beneficiaries under various welfare schemes and link them at the earliest. On Monday, as the government extended the Ayushman Bharat health cover to 1 lakh beneficiaries, he promised that before the end of his tenure, there would be one medical college sanctioned for all 75 districts of the state.

“Despite having the highest population in the country and 40 lakh migrant workers who returned to the state during the pandemic, UP arrested the spread of the pandemic through sustained, organised and coordinated efforts, coupled with micro planning and alertness,” Yogi said, adding that the state was serving as a model for others in controlling the spread of the coronavirus like it had earlier managed to prevent Japanese Encephalitis deaths in eastern UP.

Highlighting the efforts made by the government to expand healthcare facilities in the state, Yogi said that between 1947 and 2016, only 15 medical colleges were set up in UP while work on 49 medical colleges was underway.

CM Yogi Adityanath issued Ayushman Bharat cards to Antyodaya card holders in city

CM: Work taking place on 22 AIIMS

On the completion of his government’s five years in power, each district will have a medical college, the CM said.

“From 1947 to 2000, there was only one AIIMS. Between 2000 and 2004, then PM Atal Bihari Vajpayee started work on six AIIMS. Currently, work is taking place on 22 AIIMS,” the CM said.

The Ayushman health insurance cards will be distributed to over 40 lakh Antyodaya ration card holder families across districts over the next few days. Under the scheme, over 1.30 crore people will be provided with a health cover of Rs 5 lakh per family per year.

Dr VK Paul, member of the Centre’s core team for Covid-19 pandemic response, praised the UP government for its work on the pandemic.

“There could have been more than 70,000 cases per day in UP during the second wave, but due to the proactive measures implemented by the state government, the spread was controlled in the densely populated state,” he said.

‘Sense of purpose is associated with better memory, says study

‘Sense of purpose is associated with better memory, says study

12.10.2021

Times of India Hyderabad

A new study, led by Florida State University researchers, has shown a link between an individual’s sense of purpose and their ability to recall vivid details.

The findings of the study were published in the journal Memory. The researchers found that while both a sense of purpose and cognitive function made memories easier to recall, only a sense of purpose bestowed the benefits of vividness and coherence.The study focused on memories related to the COVID-19 pandemic.

Nearly 800 study participants reported on their sense of purpose and completed tasks that measured their cognitive processing speed in January and February 2020, before the ongoing coronavirus pandemic took hold in the US Researchers then measured participants’ ability to retrieve and describe personal memories about the pandemic in July 2020, several months into the public health crisis.

Participants with a stronger sense of purpose in life reported that their memories were more accessible, coherent and vivid than participants with less purpose. Those with a higher sense of purpose also reported many sensory details, spoke about their memories more from a first-person perspective and reported more positive feelings and less negative feelings when asked to retrieve a memory.

The researchers also found that depressive symptoms had little effect on the ability to recall vivid details in memories, suggesting that the connection between life purpose and memory recall is not due to the fewer depressive symptoms among individuals higher in purpose.

— IANS

Govt clears Akasa airline, to take flight by summer

Govt clears Akasa airline, to take flight by summer

TIMES NEWS NETWORK

New Delhi:12.10.2021

The government has given the go ahead to the billionaire investor Rakesh Jhunjhunwala-backed startup airline Akasa. The aviation ministry has issued it the no objection certificate (NOC), following which it will now apply for air operator permit from the Directorate General of Civil Aviation (DGCA) and hopes to start flying next summer.

The proposed ultra lowcost carrier (LCC) SNV Aviation, which will fly under the brand name Akasa Air, is piloted by aviation veteran Vinay Dube, who is its CEO. Jhunjhunwala had recently met PM Narendra Modi in Delhi.

The airline is likely to place an order for about 100 Boeing 737 Max, with Airbus best selling A320 neo family of planes having a long waiting period for those placing orders now.

The DGCA has recently allowed modified B737 Max to fly in India. In a statement, the upcoming airline said it “plans to offer flights across India starting in the summer of 2022 with an endeavour to be the nation’s most dependable, affordable and greenest airline”.

Dube said, “We are extremely happy and grateful to the aviation ministry for their support and for the grant of the NOC. We will continue to work with the regulatory authorities on all additional compliances required to successfully launch Akasa Air… we believe having a robust air transportation system is critical for our nation’s progress.” “It is this belief that has motivated us to create a modern, efficient, quality conscious airline. Moreover, Akasa Air will serve all Indians regardless of their socioeconomic or cultural backgrounds with warmth, inclusiveness and respect. Because at the end of the day, it is these qualities that connect people and cultures and help Indians realise their dreams,” Dube, who has held top positions in Indian carriers like Jet Airways and Go-Air, added.

Next year will be one of the most exciting times Indian aviation has seen in recent times with Air India and Air India Express will then be flying as Tata Group airlines; Akasa would have taken birth and possibly Jet Airways 2.0 may have reincarnated.

HC notices to NMC, Kaloji on MBBS first year exam pattern

HC notices to NMC, Kaloji on MBBS first year exam pattern

SagarKumar.Mutha@timesgroup.com

Hyderabad:12.10.2021

Justice Abhinand Kumar Shavili of the high court has issued notices to the Union health ministry, the National Medical Commission, the Kaloji Health University and the state health department asking them to explain their stand on a petition filed by Kaitha Geethika and 30 other fellow MBBS students who challenged the examination pattern set by Kaloji University for first year and instant examinations.

Contending that they were conducted contrary to the manner that was prescribed in the Regulations on Graduate Medical Education (Amendment) Act, 2019, these students were seeking directions to the authorities to conduct a fresh supplementary examination for them this time in tune with the prescribed format.

According to their counsel Unnam Muralidhar Rao, the question paper set by the university was a complete mismatch to the guidelines framed by the National Medical Commission (NMC). Scores of students failed in the main examination and also in the instant examination because the format was entirely different from the mode of training they received, the counsel added.

He explained to the court that the Medical Council of India (the predecessor of NMC) had introduced competency-based undergraduate curriculum (CBA) and brought in the 2019 statutory regulations for the new assessment method. The recent annual and the instant examination pertaining to MBBS first year were done contrary to this assessment mode and hence a huge number of students failed in their first-year examinations and were detained.

When students all over the country were failing in huge numbers, the central and state authorities must take corrective steps, he said. He also sought a direction to the university and medical colleges to allow the failed students to attend second year classes. The judge sought counters from authorities and medical colleges in which the petitioners were pursuing MBBS. The judge also asked G Pujitha, counsel for NMC, to ascertain their views and posted the case to October 21.

Medical institutes not apt authority to certify fitness standards for recruiting forces: HC

Medical institutes not apt authority to certify fitness standards for recruiting forces: HC

Ajay.Sura@timesgroup.com

Chandigarh:12.10.2021

The Punjab and Haryana high court has held that medical institutes like Post Graduate Institute of Medical Sciences (PGIMS), Rohtak, are not the appropriate authority to certify standards required to be observed for medical examination for the armed forces.HC was of the view that the medical examination by such institutes cannot be taken into consideration for recruitment into the forces.

Justice Rajbir Sehrawat passed these orders while dismissing a plea filed by a Navy aspirant. The petitioner, Kuldeep Singh, had challenged the order dated May 4, passed by the Navy authorities though he was declared medically unfit for enrolment in the force. The petitioner had mainly argued that he was also examined by PGIMS, Rohtak, and that the institution has not found the problem as being reported by the Navy medical authorities.

“The medical examination by PGIMS, Rohtak, is of no relevance qua the requirements of the recruiting force. Hence, the same cannot be taken into consideration,” the judge held while dismissing the plea.

The petitioner had approached the HC seeking directions for re-examination by some independent medical board. His main emphasis was that since he got himself examined from PGIMS, Rohtak, and Medical Centre, Agroha, in which no such disease as pointed out by Navy authorities was reported. He had sought directions to give him some time to file an appeal against his rejection by the Navy authorities or to reexamine him by some independent medical board.

Responding to the petition, the Navy authorities informed the HC that the petitioner was examined by the graded specialist (ENT) and classified specialist (dermatology). On such examination, he was found to be fit qua his problem of ‘left tympanic membrane perforation (healed)’. However, the Appeal Medical Board found the petitioner on account of another problem — ‘keloid tendency (forearms)/hypertrophic scars’ and ‘hypopigmentation over hands/verruca valgaris’. The said problem has been graded as a reason for unfitness according to the standards of medical examination.

After hearing all the parties, the HC held that the petitioner could not be enrolled in the force, and hence, has been rightly declared to be medically unfit.

Dismissing a plea filed by a Navy aspirant, the Punjab and Haryana high court observed that the medical examination by such institutes cannot be taken into consideration for recruitment into the armed forces. “The medical examination by PGIMS, Rohtak, is of no relevance qua the requirements of the recruiting force,” the judge held

HC to examine if Hry employees selected in 2003 entitled to old pension scheme

HC to examine if Hry employees selected in 2003 entitled to old pension scheme

TIMES NEWS NETWORK

Chandigarh:12.10.2021

The Punjab and Haryana high court would now examine whether an employee is entitled to seniority and pensionary benefits from the date of joining or from the date when other such employees, who were selected through the same selection process, had joined service.

Justice Arun Monga issued a notice to the Haryana government and has sought its response on the issue. He had taken cognizance of a petition filed by some drivers of the Haryana Roadways department, who had sought seniority and benefits of the old pension scheme on the ground that they were selected prior to the closure of the old pension scheme. However, they were allowed to join their duties after a gap of five years. The petitioners, Jagtar Singh and others, have been working in Sonipat, Palwal, and Faridabad depots of the state’s roadways department.

According to the petitioners, the Haryana government had decided to recruit 500 drivers in 2003. Tentative vacancies for the post of drivers in Faridabad depot were shown to be 40. Out of these, 20 posts were of the general category.

The selection list was published on July 30, 2003. In this list, the petitioners were selected for the post of driver. Some of the candidates were permitted to join on the posts on December 12, 2003, from the general category and some were permitted to join in December 2004. However, the petitioners, who were also selected as a part of the same process, were permitted to join the department in 2008 only after the intervention of the HC.

The petitioners had approached the transport department with a request that they had been selected after an advertisement issued in April 2003 along with the similarly situated persons, who were permitted to join the service immediately on their selection. Those who joined prior to the petitioners have been given benefits from 2003 but the petitioners were given the benefits from 2008.

The counsel for the petitioners, advocate Rajender Singh Malik argued that the petitioners were entitled to seniority from the same advertisement when they were selected but the seniority in the service to the petitioners has been awarded from the date of joining instead of the date of selection along with other similarsituated persons, who were selected under the same advertisement and under the same process.

“Seniority has to be assigned on the basis of the ranking given by the selection board and not on the basis of joining reports. Seniority fixed on the basis of joining reports is illegal,” Malik argued, citing some Supreme Court judgments.

The counsel sought the directions for quashing the order dated August 23 through which their claim regarding grant of ante-date seniority along with consequential benefits-- pensionary benefits under the old scheme.

Directions have also been sought for benefits under the old pension scheme by giving the petitioners deemed appointment from the date of joining of similarly situated persons by giving the notional benefits from the period December 12, 2003 to June 17, 2008, along with consequential benefits.

After hearing the plea, the HC has issued notice to the principal secretary, department of transport, Haryana and the director of the state’s transport department seeking their replies on the issue by February 3.

Court takes cognisance of a plea by some drivers of the Haryana Roadways dept, who were allowed to join after a gap of 5 years and had sought seniority and benefits of the old pension scheme on the ground that they were selected prior to the closure of the old pension scheme

Govt: MedEd AIQ doesn’t violate anyone’s rights

Govt: MedEd AIQ doesn’t violate anyone’s rights

AmitAnand.Choudhary@timesgroup.com

New Delhi:12.10.2021

Justifying its decision to implement 27% reservation for OBCs and 10% for Economically Weaker Sections in the All-India Quota (AIQ) for admission in medical and dental colleges, the Centre has told the Supreme Court that grievances of the general category students who challenged the decision is “unfounded and misconceived” as it does not violate their fundamental rights.

The scheme was introduced in 1986 at the Supreme Court’s instance to provide domicile-free merit-based opportunities to students from any state to get admission in a good medical college in another state. AIQ at present consists of 15% of total available undergraduate seats and 50% of total available PG seats in government medical colleges. There was no reservation in AIQ up to 2007 when the SC permitted 15% reservation for Scheduled Castes and 7.5% for Scheduled Tribes. Similarly, OBC and EWS quotas have also been extended to AIQ.

Govt decision has hurt general category students: Petitioners

A batch of MBBS doctors, who are aspiring to pursue higher education in medicine, approached the apex court through advocate Vivek Singh, seeking interim stay on the Centre's notification issued on July 29 for enforcing OBC and EWS quota in AIQ. They contended that the Centre's decision was contrary to the law laid down by the apex court and leaves only a miniscule number of seats for the general category students.

Countering the petitioners, the Centre in its reply said the decision was taken to bring equality of opportunities and without cost to the candidates from the unreserved category as the number of available seats has gone up. It said that in the last six years, MBBS seats in the country increased by 56 % from 54,348 seats in 2014 to 84,649 in 2020 and the number of PG seats increased by 80 % from 30,191 in 2014 to 54,275 seats in 2020. In the same period, 279 new colleges have been established and now the country has 558 medical colleges, the affidavit said.

"It is submitted that reservation, both to the backward category as well as EWS category, is on the broader considerations of equality of opportunities and the equality mandate viewed in the perspective of social justice. The government of India has therefore decided to provide for 27% reservation for OBC and 10% reservation for EWS in the AIQ scheme. The OBC students from across the country will now be able to take benefit of this reservation in the AIQ scheme to compete in any state. TNN

SC reduces sentence of person convicted of raping minor

SC reduces sentence of person convicted of raping minor

TIMES NEWS NETWORK

New Delhi:12.10.2021

In relief to a person convicted for raping a minor, the Supreme Court has reduced his sentence to eight-years imprisonment which he had already undergone. He was convicted for gang rape by trial court and was awarded a 20-year jail term.

A bench of Justices M R Shah and A R Bopanna upheld his conviction under Section 376 and not under Section 376D(gang rape) as done by trial court and Allahabad high court. The court also acquitted other accused in the case. The court said that the charge of gang rape has not been established with convincing evidence. “However, having already noted that the incident of rape alleged had been established, it would be a case to convict the appellant under Section 376 of IPC,” the Supreme Court bench said.

Denied hall ticket, SSLC girl tops supplementary

Denied hall ticket, SSLC girl tops supplementary

SruthySusan.Ullas@timesgroup.com

Bengaluru:12.10.2021

Greeshma Nayak, the girl who was denied a hall ticket for SSLC exam over non-payment of fees, has topped the supplementary exam scoring 599 on 625.

Results of the SSLC supplementary exam held on September 27 and 29 were announced on Monday. Some 55.5% of the 53,115 candidates have cleared the exam.

The topper wants to be a doctor and is exploring PU colleges for admission. “I was prepared 100% for the main exam which I could not attend. With the supplementary, I got some more time to prepare. However, I made silly mistakes because of tension in the exam hall. Else, I could have scored better. I was so disappointed after the exams,” she said.

In mid-July this year, Greeshma was denied a hall ticket by her residential school in Daskhina Kannada district over fees. Her father, a farmer in Hanumanthapura village from Koratagere taluk in Tumakuru district, suffered losses during the pandemic and could not pay her Class 9 fees. Therefore, she was not allowed to join Class 10.

Have mixed emotions: Girl

Following media reports about the girl's plight, then education minister S Suresh Kumar visited her house. He promised her an opportunity in the supplementary exam. Along with Greeshma’s case, instances of several students who were denied hall tickets due to nonpayment of fees were raised.

On Monday, Greeshma said she has mixed emotions. “I was unhappy earlier because my batchmates were moving ahead while I was left behind as I couldn’t write the main exams. Now, I’m both happy and sad: Happy because I did very well; sad because all this happened. There are many students like me who have talent but no opportunity,” she said. “Education is everyone’s right,” she said.

Since she was denied admission to Class 10, Greeshma was taught by her 19-yearold sister, a BSc (agriculture) student. “For one full year, my sister taught me core subjects in front of a board in simulation of classroom experience and asked me to learn languages on my own. I started learning them three months before the exam,” she said. After the results were out, the girl called Kumar to thank him.

‘Midday meals from Oct 21’

BC Nagesh, minister for primary and secondary education, said midday meals will be resumed in schools from October 21 when they reopen after Dasara holidays. “Parents’ associations have had discussions with education officials on forming a fee regulatory committee in schools. We will look at how the model works in other states,” he said.

At 22, she is probably youngest to undergo knee replacement surgery

At 22, she is probably youngest to undergo knee replacement surgery

Nimesh.Khakhariya@timesgroup.com

Rajkot:12.102021

Though she was just 22 years old, Vinju Vanda felt like an old woman. As a child, she had developed pain in her left knee, which forced her to limp around. As years passed, the pain got so excruciating that she begged the doctors to cut off her leg. Today, the smile on her face testifies to the relief she finally experienced from undergoing a total knee replacement surgery. And she is probably the youngest patient not just in India but also the entire world to have undergone this operation.

Doctors from Rajkot, who operated on her three months ago, assessed all parameters medically to finally declare the surgery a success.

Dr Umang Shihora, an orthopaedic, said, “About 98% patients who require knee replacement have varus deformity (inward angulation). Vanda had valgus deformity (outward angulation) and she was quite young. When she first approached me one and a half years ago, I hesitated as I did not want to put her life at risk. However, she stayed adamant and we performed the surgery, which lasted two and a half hours.

“We looked through medical records and journals from across the globe, and realized she was the youngest person to undergo knee replacement. Before her, the youngest patient was a 25-year-old from Uttar Pradesh.” Clinical investigation revealed that Vanda, who hails from Roghada village of Kutiyana taluka, had injured her knee when she was six or seven years of age. “Since they belong to a small village, the injury was probably neglected. This damaged the structure that gives stability to joints and resulted in muscles wasting away,” said Dr Shihora. Vanda, a graduate in English literature, is currently pursuing her BEd. She has four siblings and her father is a cattle-breeder. “I began limping at the age of 10. My family took me to a doctor in Upleta who advised us to undergo surgery after I turned 18. When we approached doctors after I became an adult, they refused to operate on me due to my young age. I went through unbearable pain. The month before the operation, I was bed-ridden. I asked the doctors to amputate my leg. I was ready to do anything to get rid of this suffering,” she said.

Her plea prompted the doctors to operate on her. “We waited three months before declaring the operation a success as clinical follow-up is important. We check parameters including how much pain remains and movement of joints. She is free of pain now. However, she will have to undergo physiotherapy and treatment to strengthen her muscles,” Dr Shihora added.

Dr S R Rao, a senior orthopaedic surgeon from Rajkot, said, “Generally, doctors do not prefer to perform knee replacement surgery for younger patients as the replaced knee lasts for 20-25 years and then the patient has to undergo another replacement surgery.”

Senior citizen duped of ₹49k

Senior citizen duped of ₹49k

Ahmedabad:12.10.2021

A senior citizen was cheated out of more than Rs 49,000 after she tried to fill up an online form to change the address for medicines she had ordered.

Dr Kamexa Dwarikaprasad told Sardarnagar police that she had ordered some medicine and got a call from a courier company on September 16 that her medicine had arrived. They said the medicine would be delivered the next day.

She told police, “I searched for the courier firm’s contact on the internet and got two phone numbers. When I called one of the numbers, they asked me to fill up an online form for which i would have to pay a charge of Rs 5.” The cybercrooks asked the doctor to download an app, and then fill up the form.

They then stole Rs 49,486 from her bank account. TNN

Pvt bus fare to Coimbatore ₹2,800

Pvt bus fare to Coimbatore ₹2,800

Flying Would Cost Just ₹400 More & Save Travel Time

Ram.Sundaram@timesgroup.com

Chennai:12.10.2021

This festive week, you can travel from Chennai to Coimbatore by air instead of private buses which collect almost the same fare.

Kyros Connects, a private operator, is charging ₹2,800 per head to travel between the two cities on Wednesday in an airconditioned (semi-sleeper) bus. The average fare collected by premium travel agencies along this route for A/C sleeper buses too is ₹2,500 Instead, you can fly to Coimbatore by paying another ₹400 extra. Air India is charging ₹3,100 (including tax, etc.) for a one-way trip along the route on the same day. IndiGo collects ₹3,400 per head.

Commuters say it would take at least 10 hours to reach Coimbatore by road. “This could get worse if there is traffic congestion near toll plazas. Besides this, there is always a risk of road accidents on highway stretches because of the extra rush during such festive occasions,” said V Sudarshan, who preferred a flight over bus to travel to his home in Coimbatore for the pooja holidays.

Despite warnings and promises, nothing has changed when it comes to fleecing of private bus passengers during a festive season in Chennai. Ahead of the extended weekend, most private bus operators have again doubled the fares. Official data shows that around 1,500 private buses are to be operated among various cities in the state for the pooja holidays. “Violations are happening right under the nose of the government officials and they choose to remain silent,” said Sudarshan.

Aggregators like Redbus and Abhibus have publicly announced the exorbitant rates. Asked about this, R S Rajakannapan, state transport minister, simply replied that ‘stringent’ action would be taken against those who collect excess fare. A team consisting of officials of the transport department and police officers would inspect, seize and penalise violators. Members of the public can call 044-24749002 or 18004256165 in case of complaints.

On their part, private bus operators have reiterated that they have faced huge losses during the Covid-triggered lockdown and that they can compensate for it only by collecting a slightly higher fare during festival seasons and weekends.

TNSTC told to pay ₹30 lakh to kin of MTC conductor

TNSTC told to pay ₹30 lakh to kin of MTC conductor

TIMES NEWS NETWORK

Chennai:20.10.2021

A motor accident claims tribunal has directed the Tamil Nadu State Transport Corporation (TNSTC) to compensate ₹30 lakh to the family of a MTC bus conductor who was killed after a rashly driven government bus knocked him down near Peramanur along GST Road.

According to the petitioners, the deceased, K Moorthy and his brother were waiting at the bus stop when the rashly driven government bus smashed into them. The accident happened on May 26, 2015 and Moorthy died of his injuries the next day.

The family moved the tribunal claiming a compensation of ₹32 lakh. In response, the transport corporation denied the claims and contended that the accident happened due to the negligence of the pedestrian and the version of events as claimed by the petitioners is incorrect.

According to TNSTC, the bus was moving at a moderate speed observing traffic rules, when the pedestrian crossed the road leading to the accident. The bus was coming from Cuddalore towards Chennai.

After perusing submissions from all sides, the tribunal held that the accident happened due to the negligence of the TNSTC bus driver and stated that it is liable to pay compensation.

OBC, EWS quota under AIQ won’t violate rights of gen category: Govt Group Of Docs Had Sought Stay On Move

OBC, EWS quota under AIQ won’t violate rights of gen category: Govt

Group Of Docs Had Sought Stay On Move

AmitAnand.Choudhary@timesgroup.com

New Delhi:20.20.2021

Justifying its decision to implement 27% reservation for other backward classes (OBC) and 10% for economically weaker sections in the all-India quota (AIQ) for admission in medical and dental colleges, the Centre has told the Supreme Court that grievances of the general category students, who challenged the decision, is “unfounded and misconceived” as it does not violate their fundamental rights.

The AIQ scheme was introduced in 1986 at the Supreme Court’s instance to provide domicile-free merit-based opportunities to students from any state to get admission in a good medical college located in another state. AIQ at present consists of 15% of total available undergraduate seats and 50% of total available postgraduate seats in government medical colleges. There was no reservation in AIQ up to 2007 when the SC permitted 15% reservation for Scheduled Castes and 7.5% for Scheduled Tribes. Similarly, OBC and EWS quotas have also been extended to AIQ.

A batch of MBBS doctors had approached the court, seeking interim stay on the Centre’s notification issued on July 29 for enforcing OBC and EWS quota in AIQ.

1,500 OBC students in MBBS & 2,500 in PG courses will benefit via reservation

A group of MBBS doctors, who are aspiring to pursue higher education in medicine, had approached the apex court through advocate Vivek Singh, seeking interim stay on the Centre’s notification issued on July 29 for enforcing OBC and EWS quota in AIQ.

They contended that the Centre’s decision was contrary to the law laid down by the apex court and leaves only a miniscule number of seats for the general category students. Countering the petitioners, the Centre in its reply said the decision was taken to bring equality of opportunities and without cost to the candidates from the unreserved category as the number of available seats has gone up. It said that in the last six years, MBBS seats in the country increased by 56 % from 54,348 seats in 2014 to 84,649 in 2020 and the number of PG seats increased by 80 % from 30,191 in 2014 to 54,275 seats in 2020. In the same period, 279 new colleges have been established and now the country has 558 medical colleges, the affidavit said.

“It is submitted that reservation, both to the backward category as well as EWS category, is on the broader considerations of equality of opportunities and the equality mandate viewed in the perspective of social justice. The government of India has therefore decided to provide for 27% reservation for OBC and 10% reservation for EWS in the AIQ scheme. The OBC students from across the country will now be able to take benefit of this reservation in the AIQ scheme to compete in any state. The reservation in AIQ being a central scheme, the central list of OBCs shall be used for this reservation,” the affidavit said.

Around 1,500 OBC students in MBBS and 2,500 in PG courses will benefit through this reservation. The government’s decision will benefit more than 550 EWS students for MBBS and around 1000 EWS students for PG medical courses each year.

It is reiterated that to lay down the criteria for reservation for the admission in the AIQ seats of medical and dental courses is within the powers of the government of India and this essentially is a question of policy

— CENTRE’S AFFIDAVIT

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

Shruti Kakkar

10 Oct 2021 10:37 AM

The Supreme Court observed that part-time temporary employees in a Government-run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work.

The bench of Justices MR Shah and AS Bopanna in the present matter was dealing with an appeal filed by the Centre assailing order passed by the Punjab and Haryana High Court wherein the Court had directed the Centre to revisit the whole issue related to regularisation policy, complete the exercise to reformulate their regularization/absorption policy and take a decision to sanction the posts in a phased manner.

Bench while setting aside the High Court's judgement observed:

"Thus, as per the law laid down by this Court in the aforesaid decisions, part-time employees are not entitled to seek regularization as they are not working against any sanctioned post and there cannot be any permanent continuance of part-time temporary employees as held. The regularization can be only as per the regularization policy declared by the State/Government and nobody can claim the regularization as a matter of right dehors the regularization policy."

Factual Background

Respondents (working as contingent paid part-time Sweepers ) approached the Central Administrative Tribunal ("CAT") seeking directions to frame a regularization/absorption policy for regularization of their service.

The Tribunal on November 19, 1989, granted temporary status.

Opposing the OA, the department argued that the applicants were contingent paid Safaiwalas working for less than five hours and, therefore, were not entitled for temporary status. It was also averred that there was no regular sanctioned post of Safaiwala in that particular Post Office in Chandigarh.

The Ministry of Personnel, Public Grievances & Pensions (DoPT), Government of India on December 11, 2006, issued an OM declaring regularisation of qualified workers appointed against sanctioned posts in an irregular manner.

The Department also framed a regularisation policy as per which Union of India, the State Governments and their instrumentalities were directed to take steps to regularize as a one-time measure the services of such irregularly appointed, qualified persons, in terms of the statutory requirement of the Rules for the posts, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals.

On January 17, 2007, CAT while dismissing the respondent's application observed that since the Department needed the continuous service of Safaiwalas, they should advertise this post to appoint regular Safaiwala through the proper process of selection positively within three months. The tribunal also directed for considering the respondents for such selection after providing age relaxation to them under the relevant rules keeping in view they working for so many years without interruption. Directions were also issued to allow the Respondents to continue performing their duties with present status as part-time.

Case Before High Court

The High Court directed the Centre to revisit the whole issue, complete the exercise to reformulate their regularization/absorption policy and take a decision to sanction the posts in a phased manner. Directions were also issued to Union for allowing the employees to continue in service with their current status till framing of the policy and to grant minimum basic pay of Group 'D' posts from a particular date to those, who have completed 20 years of part-time daily wage service

Aggrieved, the Centre approached the Top Court.

Counsel's Submissions

Appearing for the Union, ASG Madhvi Divan submitted that the directions issued by the High Court to sanction the posts could be said to be a policy decision, and, therefore, the High Court was not justified in issuing the Mandamus and/or direction to create and sanction the posts.

Emphasising on the fact that even the High Court had observed that there were no sanctioned posts in the impugned judgement, ASG submitted that High Court, in the exercise of jurisdiction under Article 226 of the Constitution of India, should not ordinarily issue direction for absorption, regularization or permanent continuance unless the recruitment was itself done regularly and in terms of the constitutional scheme.

Relying on the judgements in Union of India and Ors. Vs. A.S. Pillai and Ors., (2010) 13 SCC 448; State of Rajasthan and Ors. Vs. Daya Lal and Ors., (2011) 2 SCC 429 and Secretary, Ministry of Communications and Ors. Vs. Sakkubai and Anr. (1997) 11 SCC 224, ASG submitted that services of a part-time worker working on the post of a full-time worker cannot be regularized.

Referring to Dr. Ashwani Kumar Vs. Union of India and Anr., (2020) 13 SCC 581; State of Karnataka and Anr. Vs. Dr. Praveen Bhai Thogadia, (2004) 4 SCC 684; Anuradha Bhasin Vs. Union of India and Ors., (2020) 3 SCC 637; Oil and Natural Gas Corporation Vs. Krishan Gopal & Ors., (2020) SCC Online SC 150; State of Maharashtra & Anr. Vs. R.S. Bhonde & Ors., (2005) 6 SCC 751, ASG submitted that judicial review, a Court had no right to direct the Government to review the policy of appointment; in judicial review, the Court could not interfere in the administrative matters and that in the absence of a regular sanctioned post, the Court could not direct to create one.

Appearing for the respondents, Advocate Rahul Gupta on merits relied on the Top Court's judgement in Secretary, State of Karnataka & Ors. Vs. Umadevi (3) and Ors., (2006) 4 SCC 1 and Mineral Exploration Corpn. Employees' Union Vs. Mineral Exploration Corpn. Ltd. and Anr., (2006) 6 SCC 310.

Supreme Court's Analysis

Considering that the respondents served as part-time employees, were contingent paid staff and that there were no sanctioned posts in the Post Office where respondents were working, the bench in the judgement authored by Justice MR Shah observed that the High Court, under Article 226 of the Constitution cannot direct the Government and/or the Department to formulate a particular regularization policy.

"As observed above, there are no sanctioned posts in the Post Office in which the respondents were working, therefore, the directions issued by the High Court in the impugned judgment and order are not permissible in the judicial review under Article 226 of the Constitution. The High Court cannot, in the exercise of the power under Article 226, issue a Mandamus to direct the Department to sanction and create the posts. The High Court, in exercise of the powers under Article 226 of the Constitution, also cannot direct the Government and/or the Department to formulate a particular regularization policy. Framing of any scheme is no function of the Court and is the sole prerogative of the Government. Even the creation and/or sanction of the posts is also the sole prerogative of the Government and the High Court, in the exercise of the power under Article 226 of the Constitution, cannot issue Mandamus and/or direct to create and sanction the posts," Court said.

"Even the regularization policy to regularize the services of the employees working on the temporary status and/or casual labourers is a policy decision and in judicial review the Court cannot issue Mandamus and/or issue mandatory directions to do so," Bench further added.

Noting that the Union of India/Department subsequently came out with a regularization policy dated 30.06.2014, which was absolutely in consonance with the law laid down by this Court in the case of Umadevi (supra), which did not apply to the part-time workers who did not work on the sanctioned post, the bench said that,

"In absence of any sanctioned post and considering the fact that the respondents were serving as a contingent paid part-time Safai Karamcharies, even otherwise, they were not entitled for the benefit of regularization under the regularization policy dated June 30, 2014."

Case Title: Union of India and Ors v Ilmo Devi and Anr| Civil Appeal No 5689 of 2021

Coram: Justices MR Shah and AS Bopanna

Citation : LL 2021 SC 561

'Father Is Daughter's Fortress, There Cannot Be A Graver Crime': Kerala High Court On Sexual Assault Of Girl By Father

'Father Is Daughter's Fortress, There Cannot Be A Graver Crime': Kerala High Court On Sexual Assault Of Girl By Father

Shrutika Pandey

20 Oct 2021 1:15 PM

"There can never be more graver and heinous crime than the father committing rape on his own daughter," observed the Kerala High Court recently while upholding a man's conviction under Section 376 of the IPC and sentencing him to undergo 12 years rigorous imprisonment.

Justice R. Narayana Pisharadi was dealing with the case of a 16 years old girl who fell prey to her father's repeated sexual assault and finally delivered his child a year later.

The Court observed,

"The protector then becomes the predator. The father is the fortress and refuge of his daughter. Charged of raping his own daughter under his refuge and fortress is worst than the gamekeeper becoming a poacher and treasury guard becoming a robber."

It however set aside the conviction Section 506(ii) of the IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012.

It also touched upon legal questions of delay in lodging F.I.R., the the credibility of the victim-girl, proof of age, and lack of victim's consent.

Background

The prosecution's case was that the accused, father of the victim girl, repeatedly committed sexual assault and rape on her on multiple occasions. The girl got pregnant and delivered a male child. On reporting the offence to the police, the Sub Inspector registered a under Sections 376 and 506 of the IPC and Section 6 of the POCSO Act.

The trial court found the accused guilty of all the offences alleged and imposed substantive sentences of imprisonment to run concurrently and fine.

The sentence imposed by the trial court was challenged in this appeal preferred by the accused from the jail.

Findings

Delay in Lodging FIR

On the question of delay in lodging the F.I.R., the Court noted that the said delay was quite natural as justified from the circumstances of the case and statement of the victim-girl. It remarked,

"No girl would have wanted the world to know that she was a person subjected to sexual assault by her own father."

It further held that a delay, per se, is not a mitigating circumstance for the accused in a case of sexual assault. It cannot be used as a ritualistic formula for discarding the prosecution case and doubting its authenticity; instead only puts the Court on guard to search for and consider if any explanation has been offered for the delay. It observed,

"The courts cannot overlook the fact that in sexual offences, delay in the lodging of the F.I.R. can be due to a variety of reasons, particularly the reluctance of the prosecutrix or her family members to go to the police and complain about the incident which concerns the reputation of the victim and the honor of her family."

It also emphasized that when the prosecution witness was being examined, no question was put to her in the cross-examination by the defence concerning the delay in reporting the matter to the police. It cannot subsequently raise any grievance on such a point. Referring to Paulmeli v. State of Tamil Nadu, it reiterated a settled legal proposition that in case the question is not put to the witness in cross-examination who could furnish an explanation on a particular point, the correctness or legality of the said fact/issue could not be raised.

Credibility of The Prosecution Witness

On the question of the credibility of the prosecution witness, the Court observed that it could not even be imagined that it is a false case registered against the accused at the instance of someone else. It remarked,

"No girl would have preferred to put her honor and dignity at stake and make a false complaint against her own father at the instance of some other person who had enmity towards the father."

Acknowledging the fact that the victim-girl admitted having sexual relations with another person, the Court observed that it does not in any way affect the credibility of her testimony. It remarked,

"Even in a case where it is shown that the victim is a girl of easy virtue or a girl habituated to sexual intercourse, it may not be a ground to absolve the accused from the charge of rape. Even assuming that the victim is previously accustomed to sexual intercourse, that is not a decisive question. On the contrary, the question which is required to be adjudicated is, did the accused commit rape on the victim on the occasion complained of. It is the accused who is on trial and not the victim."

The Court noted that being a victim of a sex offence, the girl cannot be put on par with an accomplice; therefore, her evidence must not attract the same amount of suspicion. Only in the case where the Court finds it difficult to accept the version of the prosecutrix on its face value, it may search for evidence, direct or circumstantial, which would lend assurance to her testimony.

Failure to Prove Age & Plea of Consent

On the failure to prove the age of the victim, the Court held that the consequence of not proving the age of the victim is that the accused cannot be found guilty of any offence under the POCSO Act. Thus, conviction under Section 6 of the POCSO Act was set aside.

Thereby, the plea of consent arose, which the Court considered too shallow. It remarked,

"One cannot even imagine that the victim girl consented to have sexual intercourse with her father. There is gulf of difference between consent and submission. Every consent involves submission, but the converse does not follow. Helplessness in the face of inevitable compulsion clouded by fear cannot be considered to be consent as understood in law. Exercise of intelligence based on the knowledge of the significance and the moral effect of the act is required to constitute consent."

Finally, while setting aside the conviction under Section 506(ii) of the IPC, the Court remarked,

"PW1 stated in examination-in-chief that her father had threatened that he would kill her. However, on cross-examination, in answer to a specific question, she stated that her father did not threaten her...in view of the varying statements given by PW1 before the court, conviction against the accused for an offence under Section 506(ii) of the IPC cannot be based on such statement."

Case Title: Unnikrishnan v. State of Kerala

NEET-UG : Madras HC Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'Treat At Par With Indian Citizens'

NEET-UG : Madras HC Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'Treat At Par With Indian Citizens'

Aaratrika Bhaumik

19 Oct 2021 4:25 PM

The Madras High Court last week passed an interim order allowing Overseas Citizens of India (OCI) candidates to participate for the NEET-UG counselling in the general category for the year 2021-22 instead of the category reserved for NRIs or foreign nationals.

Justice V. Parthiban passed the direction while taking into consideration that the Supreme Court had passed a similar order on September 30. The judge made a reference to the September 30 order issued by a Bench comprising Justices Abdul Nazeer and Krishna Murari of the Supreme Court wherein it had been observed,

"Having heard learned senior counsel for the petitioners and Ms.Aishwarya Bhati, learned Additional Solicitor General for the respondent-Union of India, we are of the view that at least for the Academic Year i.e. 2021-2022, the respondents have to consider allotment of seats to the petitioners to pursue MBBS course in Medical Colleges, which seats Overseas Citizens of India (OCI) were eligible for before the issuance of the impugned Notification dated 4 th March, 2021 subject to their eligibility. Therefore, we direct the respondent-National Testing Agency to declare the result of the examination i.e, NEET UG 2021 taken by the petitioners and the eligibile petitioners are permitted to appear for the counselling in the General category. The applications for interim relief are disposed of. It is made clear that the aforesaid interim relief is confined to the Academic Year 2021-2022 only."

The High Court was adjudicating upon a batch of petitions moved by OCI candidates challenging a notification dated March 4 issued by the Ministry of Home Affairs to treat them at par with Non-Resident Indians (NRIs) for the purpose of college admissions.

Accordingly, the Court directed that the OCI cardholders must be treated at par with Indian Citizens for the academic year 2021-2022 and thus ruled,

"The interim direction as sought for in these writ petitions for directing the 3 rd respondent to permit the petitioners to participate in the JEE Counselling 2021 in the general category meant for Indian Citizens through the 5 th respondent authority in line with the order dated 30.09.2021 of the Hon'ble Supreme Court in W.P.(Civil) No.1397/2020, pending disposal of these writ petitions, these petitioners are also to be treated on par with the Indian Citizens, in respect of the present Academic Year consideration."

The matter is slated to be heard next on November 22.

Case Title: Sadhvi Sreeram v. Govt of India and Ors