Good & Bad : 60 Important Supreme Court Judgments Of 2020

Good & Bad : 60 Important Supreme Court Judgments Of 2020: In the COVID-19 infected year of 2020, the Supreme Court went through unprecedented experiences,

Job on compassionate grounds is no bar for remarriage, says HC

Job on compassionate grounds is no bar for remarriage, says HC

Prayagraj:  22.12.2020

The Allahabad high court has recently held that a husband’s appointment on compassionate ground will not take away his fundamental right to remarry, reports Rajesh Kumar Pandey. Dismissing a writ petition filed by one Mohammad Haidar from Amroha, Justice Pankaj Mithal said, “The rules nowhere stipulate that any permission is required by a person employed on a compassionate basis for remarriage. It only provides that the person employed on a compassionate basis shall maintain other members of the family of the deceased government servant. It also provides that in case he neglects or refuses to maintain them, his services may be terminated. This does not mean that there is any rider on the right of the employee to remarry,” Justice Mithal said.

It has been observed in a January 21, 2020 order that the right to marry with a person of choice is an integral part of Article 21 of the Constitution of India. Merely because the petitioner has been appointed on compassionate basis, he cannot be forced to sacrifice his/her fundamental right of remarriage after the death of the earlier spouse. A person would not earn any disqualification on this score and warrant any disciplinary proceedings. In this case, the petitioner, Mohammad Haider, was appointed on the compassionate basis after the death of his wife. Thereafter, he wanted to marry the younger sister of his wife. Therefore, he sought permission from Basic Shiksha Adhikari where he is employed to get remarried. When he didn’t get any response, he moved the high court for relief.

Rejecting the petitioner’s plea, however, the court said that no permission was required for remarriage.

Full report on www.toi.in

UK-bound students act relaxed despite flight ban

UK-bound students act relaxed despite flight ban

TIMES NEWS NETWORK

Ahmedabad:22.12.2020

Kushal Panchal, a resident of Ahmedabad has secured admission at a London-based university to pursue his MSc with International Finance. He has got his visa and is set to travel to London on January 3. Even though the Union government has temporarily imposed ban on Vande Bharat flight movements to the UK till December 31, Kushal is not so worried about his travel plans. “Since the ban is till December 31 and the vaccination drive has already begun in the UK, I don’t think there should be any hassle. Although I hope it doesn’t get extended. I am already in touch with Indian students who are over there and I have been told that the authorities support students and therefore I am not worried,” he said.

Travel ban to the UK has been imposed in the wake of the mutant strain of Covid-19 infections, which is reported there. Since the vaccination drive has already begun in the UK, some universities are set to begin with the academic session in the UK itself.

Payal Kava, another student who is going to Scotland for postgraduate studies, said, “I am scheduled to travel on January 11 and I hope the situation normalizes by then. My friend went to the UK a month ago for her studies and I am constantly taking updates from her.”

Foreign education experts claim that a number of universities have also shifted their courses online. “Several universities have shifted their courses online and since this has already been done once, students are less hassled as far as their travel is concerned. Universities act supportive towards foreign students. Moreover, many students tend to opt for online sessions in a bid to save costs,” said Hitesh Devaliya, director, Endeavour Careers.

Meanwhile, foreign education consultants have advised students to take stock of the situation before finalizing their travel plans. Consultant Bhavin Thaker, said, “Several students went in the September intake as well, and many are scheduled to go in January. It is best to take stock of the situation before proceeding. All updates are usually available on the website of the British high commission.”

Air India cancels A’bad-London flight

Air India cancels A’bad-London flight

TIMES NEWS NETWORK

Ahmedabad:22.12.2020

State-owned carrier Air India, which is operating Vande Bharat flights to London, announced on Monday the cancellation of its flight, AI-1711, for December 22, operating from Ahmedabad to London. The flight is scheduled to depart from Ahmedabad at 3pm. The decision came in the wake of the ban on flights imposed by the aviation regulator, Directorate General of Civil Aviation (DGCA), on flights to/ from the UK till December 31.

Well-placed sources confirmed that even though the flight will be allowed to operate till 11.59pm on December 22, the aircraft will be unable to return the next day and therefore, it has been cancelled. Sources also said that an estimated 200 passengers had made bookings for the flight scheduled on Tuesday.

Meanwhile, an Air India flight from London is set to arrive at the Sardar Vallabhbhai Patel International (SVPI) airport in Ahmedabad on Tuesday at 10.10am. According to sources, some 240 passengers are set to take the flight. However, in the wake of the recent decision, the actual number of passengers arriving may be less.

“In accordance with the DGCA guidelines, RT-PCR test of all the passengers will be done at the city airport and passengers will not be allowed to leave till the airport till their reports are out. Those found positive will be quarantined according to the guidelines of Union ministry of health and family welfare,” said a source. According to the DGCA circular, if a passenger is found positive, the cost of treatment will be borne by the passenger.

Flight AI-1711 was scheduled to leave Ahmedabad for London on December 22. All flights to and from UK are cancelled till Dec 31

Management quota at govt colleges?

MBBS SEATS

Management quota at govt colleges?

PIL Contends 677 Seats Were Wrongly Allotted To Rich Pupils

TIMES NEWS NETWORK

Ahmedabad:23.12.2020

The Gujarat high court has been moved with a complaint about wrongful allocation of as many as 677 MBBS seats at government and aided medical colleges to rich students in ‘management quota’.

Last week, advocate K R Koshti made a representation to the government to stop the practice of allocating 677 MBBS seats in the management quota in violation of laws formulated for medical admissions. On Monday, he filed a PIL in this regard in the high court to end this practice and accommodate students on these “government” seats by charging reasonable fees.

He is also seeking re-allocation of these seats during the admission process being undertaken by the admissions committee.

Koshti submitted that there are 5,508 medical seats available in Gujarat in the state’s quota. Of these, there are only 700 seats at unaided colleges and 175 seats are available in the management quotas of the concerned trusts.

The advocate claimed that there are six government colleges, eight GMERS colleges, three municipal corporation-run colleges and eight aided colleges in the state.

All these 25 colleges are termed government colleges and all seats available in these colleges should be treated as government seats and there cannot be any allocation for management quota.

But the admission committee has allocated 677 seats to the management and NRI quotas. The law makes it very clear that management and NRI quotas are available at unaided colleges only.

Koshti claims that by allocating 677 seats to management quota, the rights of students from SC, ST, SEBC and EWS categories are violated. He maintains that aided and GMERS colleges have been wrongly classified as self-financed institutes, whereas they receive government funds.

He also pointed out that by a 2016 government resolution, benefits including financial assistance are provided to brownfield medical colleges at Palanpur, Dahod, Amreli and Bharuch. Hence, these colleges too should not be given the advantage of management quota.

40% of MBBS students in ’20 are passouts of previous years!

40% of MBBS students in ’20 are passouts of previous years!

1,800 Took Drop, Bettered Score To Get Into Colleges With Lower Fee

Bharat.Yagnik@timesgroup.com

Ahmedabad:  23.12.2020

It may come as a surprise but a good 40% of the 4,446 students who were granted admission in medical colleges in the current academic year had actually passed their class 12 board exams in 2019, some dating back to even 2016. The primary reason for these 1,800 students who took a drop and prepared hard to better their National Entrance Examination Test (NEET) score was to get into government quota and save lakhs in fee.

As per data shared by the Admission Committee for Professional Medical Educational Courses (ACPMEC), there are 5,507 under-graduate medical seats in Gujarat. Of these, admission to 4,446 seats was granted through a centralized process by the committee.

In the current academic year, 1,800 students of 4,446 students granted admission are actually old students who took drops to better their admission prospects. Highest 1,560 students had cleared their HSC in 2019 while 198 passed out in 2018, 29 in 2017 while 13 had cleared their class 12 way back in 2016.

Stop allocation of 677 seats in mgmt quota: PIL

The Gujarat high court has been moved with a complaint about `wrongful allocation' of as many as 677 MBBS seats at government and aided medical colleges to rich students in ‘management quota’. Last week, advocate K R Koshti made a representation to the government to stop the practice of allocating 677 MBBS seats in the management quota in violation of laws formulated for medical admissions. TNN P 3

300 got admission in govt colleges

This is one of the highest tally of old students getting admission in the state. Of the 1,800 students, more than 300 students have got admission in government medical colleges where the fee is nominal,” said an official of the ACPMEC.

In fact, a good 27 old students have cracked the NEET with top scores and landed admission in BJ Medical College which is the most sought after college in the state.

Neel Patel is one such student. He had scored 464 marks in NEET 2019 and was getting admission in Banas Medical College & Research Institute in Palanpur. He took a drop and worked hard to better his score. “Neel scored 651 marks this year and has got admission in BJ Medical College. By investing one year in coaching, Neel got into the best college and saved lakhs in fees,” said Neel's father Bhupendra Patel.

Ahmedabad-student Dhruvi Acharya had scored 398 marks out of 720 in NEET 2019 and was getting admission in Gujarat Adani Institute of Medical Sciences (GAIMS), Bhuj. She also took a drop for a year to better her performance and scored 598 marks in NEET 2020.

"Dhruvi was getting admission in government medical colleges in Rajkot, Bhavnagar, Jamnagar but we chose Sola Civil as we wanted her to stay in Ahmedabad. The decision to take a drop proved a blessing as Dhruvi has saved us a good Rs 60 lakh in fee," said father Pankaj.

WHY BIGGER STORMS ARE BREWING IN THE BAY

WHY BIGGER STORMS ARE BREWING IN THE BAY

Warming Of Oceans Triggered By Climate Change Rapidly Intensifying Cyclones

U.Tejonmayam@timesgroup.com

23.12.2020

When very severe cyclonic storm Nivar made landfall last month, meteorologists and authorities heaved a sigh of relief, as the storm was not as intense as anticipated. But climate scientists observed that it left a recurrent pattern which could lead to something more sinister. The weather system moved two stages up from depression to deep depression and later into a cyclonic storm in about 24 hours. Scientists term this development rapid intensification, driven by climate change and ocean warming. This trend can be deadly as it gives very little time for authorities to prepare for the worst.

Roxy Mathew Koll, climate scientist, Indian Institute of Tropical Meteorology, Pune, (IITM), said researchers have observed rapid intensification of cyclones in recent years, such as cyclones Amphan and Ockhi, which strengthened within 24 hours. And with global warming not slowing, there could be more cyclones rapidly intensifying in the future. A cyclone has rapidly intensified if wind speeds increase by 55kmph in 24 hours.

“These storms intensify faster than what we expect or the models forecast, so we have less time to be prepared for it. Ockhi didn’t give us the time to respond in terms of disaster management,” Koll said. “Ocean warming may not stop and all climate models show that Indian Ocean is going to warm at the same rate or more in the coming years. There are high chances of rapid intensification of cyclones in future,” he said.

As cyclones draw energy from warm waters, Koll said rapid warming of Indian Ocean in recent decades due to climate change is making the region conducive to cyclones and rapid intensification. Studies have shown that Indian Ocean has experienced rapid warming with an average rise of 1ºC in sea surface temperature during 1951-2015 when the global sea surface temperature warmed about 0.7 ºC.

Bay of Bengal is already in the warm pool region with sea surface temperatures around 28-29 ºC and at times touching 30 ºC. In May 2020, a few days before Amphan, data buoys in north Bay of Bengal measured record high surface temperatures between 32-34 ºC.

“A warm ocean is like a heat engine for these cyclones.

As soon as they make landfall, they lose their source of energy and with friction, they die. When we have warmer than usual waters, it keeps feeding that heat for the cyclones to intensify faster,” Koll said.

While the Bay of Bengal may have seen changes in the intensity of storms, Arabian Sea, cooler than the Bay, is brewing more number of cyclones because parts of the sea are getting warmer. Its western parts are getting as warm as Bay of Bengal.

Cyclones formed par- ticularly in November-end or December, have more chances of hitting Tamil Nadu coast due to the movement of equatorial trough or a belt of low pressure from near the Bengal coast to closer to the equator.

“The track of cyclones can be everywhere during the northeast monsoon. As the equatorial trough makes its southward journey, storms could move towards Tamil Nadu, AP, Odisha, Bengal, Bangladesh or Myanmar during October. But when the northeast monsoon advances, systems form in lower latitudes of the east coast which means they could move towards south AP or TN,” said Y E A Raj, former deputy director general, IMD.

Researchers said incorporating data on ocean sub-surface temperatures in the existing models and strengthening the existing ocean observation systems across the Indian Ocean region could help forecast rapid intensification.

M Rajeevan, secretary, ministry of earth sciences, said the present models occasionally pick up rapid intensification as they are run only with data on atmospheric conditions. Forecasting rapid intensification of cyclones requires incorporating data on ocean conditions into the models. “We now have a regional coupled model called Hurricane Weather Research and Forecasting, which uses both atmospheric and ocean parameters, developed with the help of the US. It is operational in IMD. But doing a detailed analysis on rapid intensification and to check if the models are picking it up may take some time. IMD is already on the job,” he said.