தவறான உத்தரவை திருத்திக்கொள்ளும் துணிச்சல் தேவை: உயர் நீதிமன்றம்

தவறுதலாக உத்தரவு பிறப்பித்துவிட்டால், அந்தத் தவறை திருத்திக் கொள்ளும் துணிச்சல் நீதித் துறைக்கு தேவை என்று சென்னை உயர் நீதிமன்றம் தெரிவித்தது.
தமிழக அரசுத் துறைகளில் பணியாற்றும் வாகன ஓட்டுநர்களுக்கு 5-ஆவது ஊதிய குழு அடிப்படையில் தமிழக அரசு சம்பளம் நிர்ணயம் செய்தது. இதுதொடர்பாக ஓட்டுநர்கள் சிலர் சென்னை உயர் நீதிமன்றத்தில் வழக்கு தொடுத்தனர்.
இந்த வழக்கை விசாரித்த உயர் நீதிமன்றம், கடந்த 2008-ஆம் ஆண்டு ஓர் உத்தரவு பிறப்பித்தது. அந்த உத்தரவின்படி, அந்த ஓட்டுநர்களுக்கு ரூ. 5 ஆயிரம் முதல் ரூ. 5,500 வரை சம்பளம் விகிதம் நிர்ணயம் செய்யப்பட்டது.
இதையடுத்து, பிற அரசு துறை ஓட்டுநர்களும், ஓய்வுபெற்ற ஓட்டுனர்களும் தங்களுக்கும் இந்த உத்தரவின்படி பணப் பலன்கள் வேண்டும் என்று வழக்கு தொடுத்தனர்.
அவர்களுக்கும் உயர் நீதிமன்ற உத்தரவுப்படி, தமிழக அரசு பலன்களை வழங்கி வந்தது. இதற்கிடையே அரசுத் துறை ஓட்டுநர்கள் சிலர் தொடுத்த வழக்கை விசாரித்த நீதிபதி டி.ஹரிபரந்தாமன், ஓட்டுநர்களுக்கு ரூ. 4,000 முதல் ரூ. 4,300 மட்டுமே ஊதிய விகிதம் இருக்க வேண்டும் என்று கூறி மனுக்களை தள்ளுபடி செய்தார். இந்த உத்தரவை எதிர்த்து உயர் நீதிமன்றத்தில் பலர் மேல்முறையீடு செய்தனர்.
இந்த வழக்குகளை விசாரித்த நீதிபதிகள் வி.ராமசுப்பிரமணியன், டி.மதிவாணன் ஆகியோர் பிறப்பித்த உத்தரவு:
கடந்த 2008-ஆம் ஆண்டு இதுபோன்ற வழக்கை விசாரித்த நீதிபதி, தவறுதலாக உத்தரவை பிறப்பித்துள்ளார். இதன் தொடர்ச்சியாக பலர் வழக்கு தொடுத்து ஊதிய பலன்களைப் பெற்றுள்ளனர். இதனால், அரசுக்கு பெரும் இழப்பு ஏற்பட்டுள்ளது.
முந்தைய நீதிபதி பிறப்பித்த உத்தரவில் உள்ள தவறைக் கண்டுபிடித்த நீதிபதி ஹரிபரந்தாமன், அதன் பின்னர் தொடுக்கப்பட்ட வழக்குகளைத் தள்ளுபடி செய்துள்ளார். இதில் எந்தத் தவறும் இல்லை.
தவறுதலாக ஓர் உத்தரவைப் பிறப்பித்து விட்டால், அதை ஏற்றுக் கொண்டு அந்தத் தவறைத் திருத்திக் கொள்ளும் துணிச்சல் நீதிமன்றத்துக்குத் தேவை என்று கூறி, மேல் முறையீட்டு மனுக்களைத் தள்ளுபடி செய்து உத்தரவிட்டனர்.

S’pore team likely to start training govt hospital staff from July-end

TRICHY: A refresher course for obstetrics and gynaecology staff, including doctors, by a team from Singapore International Foundation (SIF), SingHealth, and KK Women's and Children's Hospital in Singapore is likely to commence this month-end at the Mahatma Gandhi Memorial Government Hospital (MGMGH).

A two-member team from Singapore visited the hospital on Thursday as a precursor to the training programme. A source in the hospital said the team discussed with authorities on the date of commencement of the training programme and identify suitable place to conduct the programme inside the hospital premises. The training programme is expected to begin on July 27 or 28.

"A team of experts from Singapore may visit the hospital as part of the programme on providing technical expertise to the staff selected from various government health centres in the state," said an official requesting anonymity.

The experts attached to the project had visited the facilities related to the obstetrics and gynecology in MGMGH in September 2014 and April 2015. The purpose of the visit was to study the status of the maternal mortality rate (MMR) and infant mortality rate (IMR) in the state.

The six-month training programme is aimed at providing training to reduce maternal mortality rate (MMR) and infant mortality rate (IMR).

The programme also consists of onsite training in Singapore. "The decision on the onsite training may be taken after the first six months programme here," an official said.

However, director of medical education (DME) Dr S Geethalakshmi maintained that the decision on the training programme by a team from Singapore in the state was not taken yet.

"The Singapore medical team is carrying out the survey and they would submit the report to the government for the next decision. So, the decision on the launch of the programme has not been taken," DME told TOI.

Appearing for AIPMT? Don’t wear shoes!

NAGPUR: Candidates appearing for the All India Pre-Medical Test (AIPMT) on July 25 will have to pay as much attention to the dress code as they do to their academic preparation. The exam conducting body, CBSE, has banned shoes along with various other clothing and accessories inside examination hall fearing that it might aid in concealing electronic communication devices.

TOI had earlier reported about CBSE's plans to lay down strict security plans and a dress code for the exam after a hi-tech cheating scandal led to the Supreme Court ordering a retest.

Female candidates will have to leave even their basic ornaments like earrings, rings, bracelets, nose pin etc at home, else they won't be allowed to appear for the exam. Don't count on divine intervention either as lucky charms, pendants and tabeez are also barred from the hall. Shoes make way for open slippers as the central board needs to be sure that no communication device is hidden there. Only half sleeves T-shirt/kurta is allowed and that too ones with small buttons.

For the first time ever, the central board has written specifically to parents of candidates, urging them to ensure that their ward adheres to the strict guidelines and does not lose out on the chance to appear for the exam. The emotional appeal is aimed at providing an extra layer of security and putting onus on parents to ensure smooth conduct of AIPMT.

Clarifying on the need for a retest, the CBSE wrote to parents: "Board is aware that you have put in lots of efforts as well as spent your hard earned money in preparation of your ward for this examination. But because of dishonest intentions of a few persons, your efforts and money both have gone waste". It then appeals to parents to support CBSE and see that their ward complies with the instructions.

Sameer Phale, a medical exam trainer, said, "Re-conducting the exam was a wrong decision as students who study throughout the year suffer since their rhythm is broken. However, the strict guidelines will definitely discourage cheating to some level."

Exam details

Date |July 25 (Saturday)

Time | 10am to 1pm

Entry to centre closes | 9.30am

Physical frisking |Compulsory for all candidates


Dress code for exam

* Wear light clothes with half sleeves shirt / T-shirt / kurta not having big buttons, brooch or any badge, flower and trouser/salwar etc

* Don't wear shoes, only open slippers

* Earrings, rings, bracelets, nose pin, lucky charms, pendants and tabeez are also barred

After 7 yrs, HC admits to error in judgment

CHENNAI: In a rare but bold gesture, the Madras high court has admitted that it passed an incorrect order seven years ago that resulted in an avalanche of petitions, hundreds of incorrect subsequent rulings and loss of crores of rupees to the exchequer. " Greatness of the court lies only in its courage and ability to correct its mistakes. An illegality will not undergo a metamorphosis and become legal merely because it received the seal of approval of a court of law," the court said.

A division bench of Justice V Ramasubramanian and Justice T Mathivanan made the observation on Wednesday while rejecting the claim of a batch of government vehicle drivers who demanded a payscale of Rs 5,000-5,500 without any entitlement and legal right.

The association of government vehicle drivers had been fighting legal battles at several levels to correct perceived anomalies in their payscale since Fifth Pay Commission days. Even while one batch of cases was pending in the Supreme Court, a single judge of the Madras high court passed an innocuous - and legally untenable - order on September 30, 2008, directing the government to grant higher selection grade and special grade benefits to the drivers.

Though the order did not mention any specific payscale, it opened a floodgate of litigations, with even people who had retired long ago and those who had not questioned the issue for years together rushing to court demanding monetary benefits on the strength of the order. In the name of 'judicial discipline', subsequent judges started issuing specific rulings directing the government to fix Rs 5,000-5,500 as payscale for these drivers, without tracing the origin of the demand.

It was only after several thousand drivers, both in service and retired, had managed to extract their pound of flesh that the racket was noticed by Justice D Hariparanthaman, who traced the genesis of the problem and refused to pass orders favouring the drivers on November 18, 2013. All those " affected" by the order then queued up before the division bench headed by Justice Ramasubramanian demanding parity in treatment.

Narrating how the illegality unfolded over a period of seven years and how the government was bleeding under the threat of contempt and coercion, the bench of Justice Ramasubramanian and Justice Mathivanan said: " We have gone through the government orders many times, to find out what scale of pay the drivers are entitled to in selection and special grades. We are unable to find, however lenient our approach is, that the drivers could legitimately lay a claim selection grade scale of pay of Rs 5,000-8,000 and special grade scale of pay of Rs 5,500-9,000. Therefore, what they have claimed and got in most of the previous decisions of this court is not what they are lawfully entitled to."

Dismissing all the appeals of drivers, the bench made it clear that they were entitled to a selection grade scale of pay of Rs 4,000-100-6,000 and a special grade scale of pay of Rs 4,300-100-6,000, but not more than that.

Citing the Supreme Court, the bench said: " In rectifying an error, no personal inhibitions should debar the court, because no person should suffer by reason of any mistake of the court. The Supreme Court focused on the elementary rule of justice that no party should suffer due to the mistake of the court."

CBI raid reveals how agents corner train tickets

The CBI, Bengaluru on Wednesday raided 11 locations across different States and busted a racket in cornering railway tickets.

The Anti Corruption Branch (ACB) of the CBI registered a case against Shahid, assistant manager, IRCTC, New Delhi and others.

The CBI has said, “The accused had allegedly conspired and interfered with the IRCTC booking system by installing a software programme in the computers at various travel agents’ offices by which the agent can book six separate tickets, each for six passengers per ticket, i.e. 36 passengers in one go, where as in normal course an agent can book tickets only for six passengers at a time.”

The travel agents cornered tickets, which were then sold at higher prices.

CBI claims to have recovered incriminating documents, hard disks, tatkal tickets and material used for creation of multiple IRCTC windows. Sleuths also raided vendors of New Trained Software, which was used by the racketeers.

‘ The accused had allegedly interfered with the IRCTC system by installing a software at travel agents’ offices’

SC transfers Vyapam investigation to CBI

Noting that it will not allow even one more death, the Supreme Court on Thursday transferred all criminal and death cases linked to the Vyapam scam to the Central Bureau of Investigation for a “fair and impartial” probe.

The CBI will effectively be in charge of the investigations from Monday.

A Bench of Chief Justice of India H.L. Dattu, Justices Arun Mishra and Amitava Roy said the question whether the probe should be monitored by the apex court can be decided later in consultation with the premier investigation agency.

Slamming the Madhya Pradesh High Court for deferring an application made by the State government for a CBI probe, Chief Justice Dattu said it seemed the High Court merely “wanted to wash its hands of the responsibility and lobbed the ball into the Supreme Court.”

The apex court made it clear that with the CBI on the case now, the High Court will not “touch” the Vyapam cases.

The Special Task Force, supervised by the High Court-monitored Special Investigation Team, has lodged a number of FIRs relating to illegal admissions/recruitment totalling 55 cases, of which 45 related to admissions in professional courses and 10 to recruitment in government services on the recommendation of high-profile persons.

The court scheduled the next hearing for July 24 even as senior advocate Kapil Sibal sought an early date, saying every day, people related to the scam were being found dead.

“We will not allow the number of deaths to go up from 36 to 37 or 38. Not one more will die,” Chief Justice Dattu told senior advocates Mr. Sibal, Abhishek Manu Singhvi and Indira Jaising appearing in the batch of petitions filed by Congress leader Digvijaya Singh and three whistle-blowers.

“The toll is 48 not 36... anyway this is not cricket that we celebrate if the toll hits half century,” Mr. Sibal responded.

During the hearing, Attorney-General Mukul Rohatgi, appearing for the Madhya Pradesh government, said the State was already in favour of a CBI probe and the apex court could decide whatever it wanted.

Stand appreciated

The court agreed with Mr. Rohatgi’s submission that it was left entirely to the Bench to decide whether the CBI probe should be monitored by the Supreme Court.

“We appreciate the stand of the Attorney-General,” Chief Justice Dattu said in reaction to the M.P. government’s stand.

New NAAC Norms to Speed up Accreditation

COIMBATORE: The National Assessment and Accreditation Council (NAAC) has decided to speed up the assessment of higher education institutions for accreditation.

According to the new procedure, applicable from August 1, the institutions can submit the letter of intent (LOI) for assessment and accreditation only after uploading the self-study report (SSR) on their websites. The registration fee should be paid within 10 days of submitting the LOI. The NAAC will process LOI and communicate its decision to the institution within 15 days.

Within a week of the LOI’s acceptance, the institutional eligibility for quality assessment (IEQA) must be submitted to the NAAC. The self-study report is to be submitted to the NAAC within two weeks of acceptance of the LOI or IEQA.

The NAAC will constitute the peer team and decide on the dates of its visit to the institution in three weeks of receipt of self-study report. The visit should be completed within one month.

If NAAC finds the LOI deficient, it will be rejected. The institutions will then have to submit it again, with registration charges.

The LOIs, IEQAs and SSRs submitted up to July 31, will be processed as per the existing procedure.

Currently, the LOI is processed within 40 days and the SSR submitted within six months of it. The processing, finalising and intimating the decision on IEQA will take another 75 days. There is no specific time frame for constitution and visit of the peer team, which now takes a few months.

In 2012, the UGC issued the Mandatory Assessment and Accreditation of Higher Educational Institutions Regulations, according to which all institutions of higher education had to get NAAC accreditation by June 1, 2014.

Institutions that failed to get accredited were not to get UGC assistance from April 1, 2015. Later, the deadline for accreditation was extended to December 31, 2015.