NEET-PG : Supreme Court Permits OCI Candidate To Attend Counselling In General Category

NEET-PG : Supreme Court Permits OCI Candidate To Attend Counselling In General Category

Shruti Kakkar29 Oct 2021 7:44 PM

The Supreme Court on Friday granted interim relief to an Overseas Indian Citizen(OCI) NEET PG Aspirant to appear in the counselling in the General Category at par with Indian Citizens for the purpose of NEET PG Counselling and admission for 2021-2022.

Observing that the interim relief was limited to academic year 2021-2022 only, the bench of Justices S Abdul Nazeer and Krishna Murari in their order said,

"Issue notice. In the meantime, the petitioner is permitted to appear in the counselling in the General Category at par with Indian Citizens for the purpose of NEET PG Counselling and admission for 2021-2022. It is made clear that the aforesaid interim relief is limited to the academic year 2021-2022 only. Tag with Writ Petition (Civil) No 1397 of 2020 and batch."

It is pertinent to mention that the Top Court on September 30, 2021 had 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.

The Top Court also issued notice in the writ petition which further challenged clause 4(ii) of the notification dated March 4, 2021 issued by the Ministry of Home Affairs ("impugned clause"). The impugned clause treated Overseas Citizens of India ("OCI's") at par with Non-Resident Indians ("NRI's") with regards to All India Entrance Tests such as NEET, JEE (Mains), JEE (Advanced) or such other tests for the purpose of admissions.

The bench also tagged the petition which had also sought for quashing clause 4.1 of NEET PG Information Bulletin and Counselling Scheme 2021 with the main writ petition (Dr Radhika Thappeta v. Union of India WP (C) 1307 of 2020 ) pending before the Top Court.

The petitioner (Dr Rajitha Savya Reddy) was represented by Senior Advocate Gopal Sankaranarayanan briefed by Dubey Law Associates. The petition was filed through Advocate on Record Charu Mathur.

It was argued that the impugned clause was ultra vires of Articles 14 and 21 of the Constitution of India in so far as it failed to accord parity to Indian OCI's with resident Indian citizens in all matters of entry and admission to professional colleges in India (including NEET-PG) from 2021-2022 onwards.

Averment that the Ministry of Home Affairs without providing any sufficient reasoning arbitrarily decided to implement the Impugned Clause from the current academic year, when the information regarding the same was not provided at the time of registration for NEET-PG 2021 examination was also made in the petition.

"With the impugned clause, OCIs are forcibly put at par with NRIs and made eligible for admission only against NRI seats or any supernumerary (i.e., extra) seat. This puts resident OCI students such as the Petitioners at a grave disadvantage. The petitioner has undergone many years of her schooling in India. She has also obtained her MBBS degree from India. However, it's appalling to note that the Impugned clause takes away the valuable right of the Petitioner to be treated with parity with the Indian citizens and is forced to compete for a very small number of seats in the NRI quota. By way of the Impugned Notice she will also be subjected to exorbitant admission fees that accompany the NRI quota seats, which will put her and her family under significant financial duress," petition stated.

The petitioner had further averred that the notification dated March 4, 2021 was a complete reversal of an earlier notification by the Ministry of Home Affairs dated January 5, 2009 ("2009 notification") which placed OCI's on par with Indian citizens in matter of admissions.

In this regards it was also argued in the petition that, "Therefore, the 2009 Notification specified certain rights which the person belonging from the OCI category under Section 7 A of the Citizenship Act, 1955 shall be entitled to including the right of the OCI candidate in appearing for tests to make them eligible for admission in pursuance of provisions framed thereunder. Thus, OCIs were explicitly excluded from being put on parity with NRIs in appearing for professional entrance exams. The impugned clause in the 04.03.2021 notification, as reproduced earlier, completely reverses this parity granted and puts OCIs in the same category as NRIs for the purpose of admissions to education, when the two have consistently been treated as distinct."

It was also contended that the impugned clause was also an attempt to override the judgment dated December 9, 2020 passed by the Division Bench of the Hon'ble High Court of Karnataka which held that the 2009 notification could only be interpreted to allow OCIs admission at par with Indian Citizens.

"A challenge to the judgment of the Division Bench was moved before this Hon'ble Court by way of a Special Leave Petition filed by the State of Karnataka in State of Karnataka v. Pranav Bajpe and Ors. bearing SLP (C) No. 2904/2021. In view of the 04.03.2021 notification, however, SLP (C) No. 2904/2021 was withdrawn by the State of Karnataka and the judgment of the Division Bench of the Karnataka High Court has in that regard attained finality," petition stated further in this regard.

Case Title: Dr Rajitha Savya Reddy v Union of India and Others| WP(C) No 1186/2021

Employee Can't Claim Change Of Date Of Birth As A Matter Of Right : Supreme Court

Employee Can't Claim Change Of Date Of Birth As A Matter Of Right : Supreme Court

Shruti Kakkar  30 Oct 2021 9:01 PM

The Supreme Court has observed that application for change of date of birth by an employee can only be as per the relevant provisions/regulations applicable. The Court reiterated change of date of birth cannot be claimed as a matter of right.

The bench of Justices MR Shah and AS Bopanna in the present matter (Karnataka Rural Infrastructure Development Limited V. T.P. Nataraja & Ors.) was considering an appeal filed by Karnataka Rural Infrastructure Development Limited ("Corporation") assailing the Karnataka High Court's order directing the Corporation to reconsider the decision of its employee with respect to change of date of birth in service records.

The Top Court while allowing the appeal observed that, "application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation."

Factual Background

TP Nataraja ("Respondent No 1") was appointed in 1984 with Corporation. In his service record his date of birth was reflected as January 4, 1960 as per the SSLC Marks Card. After 24 years, Nataraja requested for change of date of birth from January 4, 1960 to January 24, 1961.

Nataraja thereafter filed a suit for declaration before Additional City Civil and Sessions Judge at Bangalore to declare that his date of birth as January 24, 1961.

The corporation relied on the Karnataka State Servants (Determination of Age) Act, 1974 (Act, 1974) and resolution dated May 17, 1991 by which the corporation adopted Karnataka Civil Service Rules. As per the rules request for change of date of birth in the service record could be made within a period of three years from the date of joining or within one year from commencement of the Act,1974.

The Trial Court, while relying on section 5(2) of the Act, 1974 dismissed the suit on July 28, 2013.

Aggrieved, Nataraja approached the High Court by way of Regular First Appeal. Observing that it was highly impossible for the plaintiff to avail the remedy within three years from the date of joining of service and that the resolution dated May 17, 1991 was not brought to plaintiff's notice, the High Court on March 11, 2019 allowed the appeal.

Aggrieved, the Corporation approached the Top Court.

Submissions Of Counsels

Senior Advocate Gurudas S Kannur appearing for the Corporation submitted that the High Court had committed a grave error in decreeing the suit and granting declaratory relief.

Reliance was also placed on section 5(2) of the Act, 1974 as per which no such alteration to the date of birth to the advantage of a State servant could be made unless the employee had made an application for the purpose within three years from the date on which his age and date of birth was accepted and recorded in the service register or book or any other record of service or within one year from the date of commencement of the Act, 1974, whichever was later.

It was also his contention that the High Court ought to have appreciated that the ignorance of law cannot be an excuse and that being an employee in fact he was supposed to know the rules and regulations applicable to the employees of the corporation.

For allowing the present appeal assailing the High Court's order, he relied on Home Deptt. v. R.Kirubakaran, 1994 Supp (1) SCC 155; State of M.P. v. Premlal Shrivas, (2011) 9 SCC 664; Life Insurance Corporation of India & Others v. R.Basavaraju (2016) 15 SCC 781 and Bharat Coking Coal Limited and Ors. v. Shyam Kishore Singh (2020) 3 SCC 411.

Advocate Ashok Bannidinni appearing for Nataraja submitted that the High Court's order had been implemented in 2019 and that he had attained the age of superannuation treating and considering his date of birth January 24, 1961. Contending that there was nothing else required to be done in the present appeal, counsel submitted that the same had become infructuous.

Supreme Court's Analysis

Since the issue pertained to change of date of birth in the service record, the bench in its judgement authored by Justice MR Shah relied on Top Court's decisions on the issue of correction of the date of birth.

Relying on Home Deptt. v. R.Kirubakaran, 1994 Supp (1) SCC 155; State of M.P. v. Premlal Shrivas, (2011) 9 SCC 664; Life Insurance Corporation of India & Others v. R.Basavaraju (2016) 15 SCC 781 and Bharat Coking Coal Limited and Ors. v. Shyam Kishore Singh (2020) 3 SCC 411, the Top Court summarised the law on the change of date of birth as under:

(i) application for change of date of birth can only be as per the relevant provisions/regulations applicable;

(ii) even if there is cogent evidence, the same cannot be claimed as a matter of right;

(iii) application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation.

Negating the respondent's contention on the aspect of employee not being aware of the applicability of the Act, 1974 bench observed that,

"Therefore, applying the law laid down by this court in the aforesaid decisions, the application of the respondent for change of date of birth was liable to be rejected on the ground of delay and laches also and therefore as such respondent employee was not entitled to the decree of declaration and therefore the impugned judgment and order passed by the High Court is unsustainable and not tenable at law."

The Top Court also said that Nataraja was not entitled to any relief or change of date of birth on the ground of delay and laches as the request for change of date of birth was made after lapse of 24 years since he joined the service.

"Being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation. Ignorance of law cannot be an excuse to get out of the applicability of the statutory provisions," Court further said.

Case Title: Karnataka Rural Infrastructure Development Limited v. T.P. Nataraja & Ors.| Civil Appeal No.5720 Of 2021

Coram: Justices MR Shah and AS Bopanna

Citation : LL 2021 SC 612

PG Medical Admissions : Madras HC Issues Notice On Plea Challenging 'Grossly Disproportionate' Reservation For In-Service Doctors

PG Medical Admissions : Madras HC Issues Notice On Plea Challenging 'Grossly Disproportionate' Reservation For In-Service Doctors

Aaratrika Bhaumik29 Oct 2021 10:03 PM

The Madras High Court on Wednesday issued notice in a petition challenging the extent of reservation granted to in-service doctors under the prospectus for admission to post-graduate degree or diploma courses in Tamil Nadu government medical colleges and government sets in self-financing medical colleges affiliated to the Tamil Nadu Dr MGR Medical University for the 2021-22 session.

The petition moved by twelve doctors challenging Clause 29 (c) of the October 6, 2021 prospectus which provide that 50 percent of seats in the State Government will be exclusively allotted to in-service candidates. Additionally, the provision also allows in-service candidates to apply in the remaining "open-category" in State government seats i.e. the 50 percent of the 50 percent government seats.

Furthermore, while applying for the aforementioned "open-category", in-service candidates can also avail of advantages accorded to them if they have served in remote or difficult or hilly areas as defined by a State-appointed committee.

Justice N Anand Venkatesh issued a notice in the matter on Wednesday and directed the government counsel to take written instructions and report back to the Court on the next date of hearing which is slated to take place on November 1.

The petitioners, represented by Advocate Suhrith Parthasarathy, contended that the extent of reservation stipulated under Clause 29 (c) dilutes any concept of merit in admissions and is also 'unjust, unfair, arbitrary and discriminatory and, ultra vires the Constitution of India.'

"In not exclusively ear-marking the selection for admission in the open category to non-service candidates and in granting weightage in the form of incentive marks to in-service candidates in the open category as well, the Respondent No. 1 to 3 have acted in an arbitrary, unreasonable, and disproportionate manner .... In permitting in-service candidates to apply in the 'open category' and further awarding incentive marks to those in-service candidates, the Respondents have taken away the very spirit and essence of an 'open category'," the plea averred.

Reliance was also placed by the petitioners on the Supreme Court judgment in State of TN v. T Dhilipkumar wherein the Apex Court had directed State to conduct a study and assess what the extent of reservation should be each year for in-service candidates and to reduce it to below 50 percent, if appropriate.

However, the petitioners pointed out that no such assessment was conducted by the State authorities till date. The State has continued to provide such reservation without determining on a yearly basis whether such reservation of 50 percent was in fact necessary to achieve the purported objective of the measure, the petitioners alleged.

"To the Petitioners' best knowledge, it is submitted that the State of Tamil Nadu is the only State in the country to have such an arbitrary policy of reserving 50% seats for in-service candidates and of further awarding those in-service candidates who apply in the 'open category' incentive marks, without so much as assigning any reason to justify the introduction of such a policy", it was contended further.

It was further submitted that although the power of state governments to grant reservations to in-service doctors has been confirmed by the Supreme Court in Tamil Nadu Medical Officers Association v. Union of India, such power has not been exercised by the State in a 'just, fair, and reasonable manner'.

"The allocation of the said 50% is also grossly disproportionate and in violation of well settled principles of constitutional law", the plea highlighted.

The petitioners further pointed out that as per the present Prospectus, "the Open category, will be open to both service and non-service candidates and that seats will be filled up based on the marks already defined or such criteria to be defined by the 1st Respondent from time to time as per the decision of the Committee headed by Hon'ble Thiru. A. Selvam, High Court Judge (Retd.)."

However, it was asserted that the category-wise list published in 2019 by the State government following the constitution of this Committee is also defective.

"It fails to consider a host of factors such as social and economic conditions, geographical location, accessibility and similar other relevant considerations, and accordingly, several PHCs and Government Hospitals listed under the category of Difficult Areas in Hills, Difficult Areas in Plains, Remote Area and Rural Areas in Annexures I to IV of the GO have been wrongly included," the petitioners submitted further.

Accordingly, the Court was urged to quash clause 29 (c) of the Prospectus under challenge.

Case Title: Dr. Parkaviyan R. and Ors v. State of Tamil Nadu

WC fever: Big screens set up for India-NZ match today

WC fever: Big screens set up for India-NZ match today

TIMES NEWS NETWORK

Bhopal:31.10.2021

The do-or-die match of the World Cup between India and New Zealand on Sunday evening will be screened on big screens at various places in Bhopal. A special selfie point with cricket accessories has been developed by MPT at the Drive-in-Cinema of a hotel.

Several hotels and other places have made arrangements for the live telecast. Manager of Drive-in-Cinema, Vipin Katare said that last week’s match between India-Pakistan was well received by the people. “Since then, cricket lovers have been inquiring about booking the match tomorrow. As such, we have decided to screen the match from 7pm,” said Katare.

To add to the excitement, drums and music will be played on every fours and sixes hit during the match, he said. “You will also be able to order your favourite food which will be served in their car,” said Katare.

Doc: He walked into my clinic before the ‘sudden death’

Doc: He walked into my clinic before the ‘sudden death’

BV Shivashankar & Santosh Kumar RB | TNN

Bengaluru:31.10.2021

Puneeth Rajkumar had a regular workout regime and additional boxing session followed by a steam session before he felt exhausted on Friday, said his family doctor and cardiologist Dr Ramana Rao.

While he said Puneeth looked normal when he walked into his clinic, Dr Rao surmised the medical condition called ‘sudden death’ caused by a massive cardiac arrest was the cause. He added that the excessive workout may have ruptured the coronary arteries causing a blood clot that eventually resulted in the cardiac arrest.

“He looked so normal when he walked in with his wife Ashwini around 11.15am. He said he had worked out at the gym as usual, but done extra boxing and a little excessive steaming. While he complained of no pain, his heartbeat and blood pressure were normal,” said Dr Rao.

Since Puneeth was sweating profusely, he decided to do an ECG. “That’s where the indicator was found. The ECG showed massive stains and I took Ashwini to a different room, explained the situation and told her Puneeth should be shifted to a hospital immediately,” Dr Rao said.

Ashwini immediately decided to rush him to hospital. “We put Puneeth in his car when he complained of dizziness. I asked him to lie down. We reached Vikram Hospital in about five minutes and I followed them,” he said.

Dr Rao said Puneeth had no history of heart complaints and had no symptoms of blood pressure or diabetes. “He was the picture of perfection with no health issues and extremely fit body,” he added.

Before going to the doctor, Puneeth spoke to his gunman Chalapathy who said he’d been working with ‘yajamanaru’ (Puneeth) for the past nine years. “In the morning, he came out with Akka and I opened the car door for them. I thought they were going to the temple and tried to get into the car. But he told me: ‘Anna, neevu ille iri, naanu hogi barthini’. (Brother, you stay here, I’ll come back). Later, Akka called me from Dr Ramana Rao’s place and told us to come as Sir was not feeling well. We were wondering who was sick and went there to learn that our boss had collapsed. When we reached Vikram Hospital, I was shocked to see him on Akka’s lap. He was a fit, happy person; he didn’t have any problems.”

The previous night (Thursday), Puneeth attended a party hosted by music composer Gurukiran and did not show any signs of discomfort. “There wasn’t an iota of exhaustion. He was bubbly and cheerful as usual when he talked about various things,” said Gurukiran.

RESTING PLACE: Preparations were on for the final rites at Kanteerava Studio in Bengaluru

Thousands of fans turn up for last glimpse of Puneeth

Thousands of fans turn up for last glimpse of Puneeth

Last Rites To Be Held Today; CM Urges Actor’s Fans To Cooperate

Chethan.Kumar@timesgroup.com

Bengaluru:31.10.2021

Around five lakh fans from across Karnataka, some raising slogans that ‘Raajakumara’ would live in their hearts forever, some wailing and some holding back tears, joined a slew of celebrities and actors from neighbouring states to bid adieu to Puneeth Rajkumar, whose mortal remains were kept at Kanteerava Stadium on Saturday.

Thousands of fans had begun trickling into the stadium since Friday evening to catch a final glimpse of the ‘Power Star’ as the final rites were expected to be conducted on Saturday. With the government postponing the funeral to Sunday, many more made it to the stadium to pay their tributes to the 46-year-old actor who passed away after a massive cardiac arrest.

Chief minister Basavaraj Bommai said the funeral procession would take place between 5.30am and 6am on Sunday and the general public will not be allowed during the last rites. He urged the actor’s fans and admirers to cooperate with the administration to maintain law and order as they have in the past two days.

Puneeth Rajkumar’s elder daughter Drithi, who is studying in the US, flew home in the evening and paid her respects. Behind are her mother Ashwini, sister Vanditha (in glasses) and cousin Yuva, Raghavendra Rajkumar’s son

A STAR IS GONE

Condolences and tributes to Puneeth flooded social media

Puneeth’s maternal uncle and former Karnataka Film Chamber of Commerce president, SA Chinne Gowda, who was at Kanteerava Studio overseeing preparations for the final rites, said: “...Even today, people have been pouring in from across the state, from far off districts like Kalaburagi, Raichur, Belagavi and many other places. It has been decided that the final rites will be performed tomorrow (Sunday). I request people to cooperate and maintain peace.”

Puneeth’s elder daughter, Drithi, who is studying in New York, took an AI flight from JFK and landed at Bengaluru at 4.10pm, via Delhi. Earlier in the day, Puneeth’s brother Raghavendra said the family was waiting for Drithi to arrive and appealed to fans to remain calm. “You have all cooperated and maintained peace so far, we request you to do the same. All fans will be allowed to pay their respects as we’ve pushed the final rites to tomorrow morning,” he said.

Drithi reached the family’s Sadhashivanagar home around 5pm and arrived at the Kanteerava Stadium by 6pm. Joined by her mother Ashwini and sister Vanditha, touched her father’s head one last time and wept, sending a wave of grief through the crowd in the stadium.

Among celebrities and VIPs who called on the family through the day were former Andhra Pradesh CM and thespian NTR’s son Balakrishna, Telugu megastar Chiranjeevi, actors Venkatesh, Junior NTR, Ali, Rana Duggabati, Srikanth and Sharath Kumar. Kannada stars Arjun Sarja, Divya Spandana (Ramya), Rakshitha, Pooja Gandhi, Sudeep, Yash, Upendra and senior artistes Umashree, B Jayashree and music director Gurukiran also paid their respects.

Karnataka governor Thawar Chand Gehlot arrived in the morning to pay tributes.

Police said the throng of fans in the stadium remained all day, while a few hundreds more thronged Kanteerava Studio. Police commissioner Kamal Pant said: “Our officers estimate around 5 lakh people arrived by midday. Many more people kept pouring in even after that. There will be bigger crowds by night and up to morning tomorrow.” Despite the huge numbers, no untoward incident was reported though fans had to brave a brief spell of rain at 4pm.

Online, condolences and tributes to Puneeth flooded social media. A video of a fan (Ajmal Mughal) from Pakistan’s Lahore crooning the actor’s ‘Bombe Heluthaithe’ even went viral.

(With inputs from RB Santosh Kumar, Rajiv Kalkod, Petlee Peter)

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2 Delhi colleges to be named after Savarkar, Sushma

2 Delhi colleges to be named after Savarkar, Sushma

31.10.2021

The Delhi University’s executive council was informed on Friday that two names finalised for naming two upcoming colleges were Veer Savarkar and Sushma Swaraj. In an EC meet in August, a proposal was passed through which the VC was given authority to select names. The other names on the list include Swami Vivekananda, Sardar Patel & AB Vajpayee. TNN