Dead soldiers’ kin can’t be denied compassionate appointment: HC

Dead soldiers’ kin can’t be denied compassionate appointment: HC

Ajay.Sura@timesgroup.com

Chandigarh:17.12.2021

While deciding a case related to compassionate appointment of dependents of a deceased soldier, the Punjab and Haryana high court has ruled that members of the family cannot be denied appointment merely because they have not ended their lives during the initial period of five years. The Army policy provides for compassionate appointment to wards of a soldier who died on duty within five years of his death.

“Although the delay in raising a claim for compassionate appointment may be one of the factors under the policy, it cannot be the sole factor. The decision has to be based on the cumulative consideration of the facts of each case,” the HC has held.

Justice Rajbir Sehrawat of the HC has passed these orders while allowing a petition filed by Amar Chand, a resident of Hoshiarpur district of Punjab, for setting aside a letter dated January 20, 2021 issued by Army authorities, whereby he was declined appointment as a soldier on compassionate grounds. He had also sought directions to consider the petitioner for appointment in terms of the parameters prescribed by central government through its letter.

5-YEAR CLAUSE

The petitioner's request for compassionate appointment was declined by the authorities in July 2018 on the ground that the application could have been made within 5 years from the date of death of his father and he was not eligible now.

Petitioner’s father died on duty at LoC in 2000

The father of petitioner Naik Gurdip Singh, a resident of Bachhohi village of Hoshiarpur district, had died on duty in an operational area on the Line of Control on May 12, 2000. The death was held to be attributable to Army service. On August16, 2011, the military authorities asked the petitioner’s mother to send her son for consideration for compassionate appointment and granted a family pension to her on November 26, 2011. At the time of death of his father, the petitioner was only one years old and his name was not entered into the Army's record, being dependent on the soldier.

His brother was offered appointment by the Army as per the policy but he did not avail the opportunity. The petitioner’s name was entered in the service record in 2018 after which he had applied for compassionate appointment.

However, his request was declined by the authorities in July 2018 on the ground that the application for this could have been made within 5 years from the date of death of his father and that the petitioner was not eligible. The authorities, however, conceded that as per existing policy, the petitioner was eligible for enrolment in the Army under Unit Headquarter Quota. Aggrieved, the petitioner had approached the HC.

Objecting to his plea, the central government submitted that the policy applicable for the compassionate appointment prescribes that ordinarily the case for compassionate appointment should not be considered after five years from the date of death because in the meantime, the family might have got out of the financial problems. After hearing all the parties, the HC allowed the petition, directing the Army authorities to consider the petitioner for appointment in the Unit Headquarter Quota.

Covaxin wastage up in Indore due to slow vax rate, large vial size

Indore: 17.12.2021

Loss in momentum and increase in vial size of Covaxin supplied to district has led to increase in wastage of vaccine in the last four months.

The comparison in district immunisation records suggest that wastage rate in terms of Covaxin witnessed an upwards trend between August 17 and December 15 to take the overall rate to 0.4%.

The vaccine wastage rate in terms of covaxin on August 17 was -0.24%, showed record.

District immunisation in-charge Dr Tarun Gupta said, “Whenever the footfall at vaccination site dips, the wastage tends to increase because of increase in chances of not using full vials. So, it happened in Indore also.”

The vaccine drive has somewhat lost overall momentum slowly and gradually with some exceptions in the post June period in the district. The daily inoculations on a daily basis remained very low especially after August except during mega drives, said Dr Gupta.

“This low turnout along with large vial size of covaxin supplied to district in the last one month led to surge in vaccine wastage”, said Dr Gupta. The records further suggested that because of this surge around 3670 doses of covaxin have been wasted in the district since the beginning of the drive. The drive began on January 16 this year. The drive remained a roller coaster ride in terms of wastage. The vaccine wastage was on a very high side up to 18% in some period at the beginning before it began going downwards from May. TNN

Datia med college dean removed after audit of nurse recruitment

Datia med college dean removed after audit of nurse recruitment

Bhopal:  17.12.2021

The dean of the government medical college in Datia has been relieved of his charges after an internal audit by the government detected alleged irregularities in the recruitment of nurses in medical colleges.

Around 500 nurses were recruited in Datia and Gwalior colleges through an exam conducted by MP Online.

The medical education department had written to the divisional commissioner, expressing concern on the matter, which is now being raised by Vyapam whistleblower Ashish Chaturvedi as well. He said admissions have been made in stark defiance of the norms. “SC/ST category candidates have been selected in the general category. Many of them have the same numbers, which is causing more suspicion. This has to be investigated so that deserving candidates can get the jobs,” he said. TNN

Delhi all set to deregister 10-yr-old diesel vehicles from January 1

Delhi all set to deregister 10-yr-old diesel vehicles from January 1

AlokKNMishra@timesgroup.com

New Delhi:17.12.2021

In a crackdown on old polluting vehicles, the Delhi government will deregister all diesel vehicles which have completed or will be completing 10 years on January 1, 2022. The move is in compliance with a National Green Tribunal order.

In an order issued earlier this week, the transport department said a no-objection certificate (NOC) will be issued to the owners of these vehicles so that these can be re-registered at other places. However, the department will not issue an NOC for vehicles that have completed 15 years or more on the date of applying for an NOC.

On October 29, 2018, the Supreme Court had prohibited the plying of 15-year-old petrol and 10-year-old diesel vehicles in the national capital. A 2014 order of the NGT had banned even parking of vehicles that are older than 15 years at any public place.

“We have been taking action against old diesel vehicles, and till date, around 1 lakh such vehicles have been deregistered. Now all such vehicles will be stringently de-registered from January 1, 2022,” said a Delhi government official. “Around 2 lakh diesel vehicles that are at least 10 years old will be de-registered from January 1.”

He said the transport department has been issuing public notices to draw the attention of owners to the legal position of these vehicles.

No extn for HC judge who gave ‘skin-to-skin’ Pocso order

No extn for HC judge who gave ‘skin-to-skin’ Pocso order

New Delhi:17.12.2021

The SC has taken the tough decision of refusing to continue Justice Pushpa V Ganediwala, who stirred a controversy in January this year with her back-to-back judgments taking what was seen as a warped and insensitive view of sexual crimes against children, as an additional judge of the Bombay high court, reports Dhananjay Mahapatra.

The collegium comprising Chief Justice N V Ramana and Justices U U Lalit and A M Khanwilkar decided not to grant further extension of the tenure.

Her two controversial judgments, including one that held skin-to-skin contact is must for constituting a sexual offence, had forced the earlier collegium headed by then CJI S A Bobde to withdraw its January 20 recommendation to the government to appoint her as a permanent judge of the HC.

It then had recommended to the Centre to grant her a two-year extension as additional judge. However, the government disagreed and granted her a one-year extension, which will end on February 12, 2022. Now, with the collegium headed by CJI Ramana remitting her case back to the Bombay HC, Justice Ganediwala faces the prospect of getting relegated as district judge. TNN

Skin-to-skin order: HC judge may be relegated to dist court

Her two controversial judgments, including one that held skin-to-skin contact is must for constituting a sexual offence, had forced the earlier collegium headed by then CJI S A Bobde to withdraw its January 20 recommendation to the government to appoint her as a permanent judge of the HC.

It then had recommended to the Centre to grant her a two-year extension as additional judge. However, the government disagreed and granted her a one-year extension, which will end on February 12, 2022.

Now, with the collegium headed by CJI Ramana remitting her case back to the Bombay HC, Justice Ganediwala faces the prospect of getting relegated as district judge. On January 16, 2019, the collegium headed by then CJI Ranjan Gogoi and comprising Justices A K Sikri and Bobde had recommended her appointment as an additional judge of the HC.

At the time of initial consideration of the Bombay HC collegium’s proposal to appoint her as additional judge, the consultee judges in the SC — Justices A M Khanwilkar and D Y Chandrachud (both having Bombay as parent HC) — had conveyed their serious objections. Nonetheless, the SC collegium approved the HC proposal and she was appointed as additional judge on February 13, 2019.

Her profile in the Bombay HC website says: “She was meritorious throughout her educational career and awarded gold medals in BCom, LLB and LLM examinations”. She was appointed as a district judge in 2007. TNN

Govt works to raise legal age of marriage for women to 21

Govt works to raise legal age of marriage for women to 21

Cabinet OKs Proposal To Amend Prohibition Of Child Marriage Act

Ambika.Pandit@timesgroup.com

New Delhi:17.12.2021

With the Cabinet approving the proposal to raise the legal age of marriage for girls from 18 years to 21, bringing it at par with men, the government has set in motion the process for a major change in law that has been a point of debate for long.

The big test for the bill will be passage in Parliament as any change in age will have far reaching implications. Despite a decline over decades, underage marriages remain a concern even though there is a long-standing prohibition on child marriage. As many as 23.3% of women aged 20-24 were married before they turned18, the legal age of marriage, as per National Family Health Survey-5 (2019-21). The latest survey shows the problem is more prevalent in rural India at 27% whereas in urban regions, underage marriage accounted for 14.7% of all marriages.

The government sees the proposed legislation as a strong measure to bring women on equal footing with men in keeping with the vision of the Constitution on gender equality. “As India progresses, further opportunities open up for women to pursue higher education and careers. There are imperatives for lowering Maternal Mortality Rate (MMR), Infant Mortality Rate (IMR) and improvements of nutrition levels as well as increase in Sex Ratio at Birth (SRB). These are the main reasons for effecting the proposed legislation,” an official source said. The move is also being cited as a step that will allow women to attain psychological maturity before marriage, exercise their reproductive rights better and take decisions on family planning and use of contraceptives.

The age of marriage for women was increased from 15 to 18 in 1978 by amending the erstwhile Sharda Act of 1929. The first indication of an upward revision in the age of marriage of girls came in PM Narendra Modi's speech on Independence Day last year. On Wednesday, the Cabinet approved the introduction of ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ for amending ‘The Prohibition of Child Marriage Act, 2006 (PCMA)’. The bill is expected to be taken up in Parliament soon.

According to sources, the bill once approved by Parliament, will be followed by consequential amendments in laws relating to age of marriage. These include personal laws governing marriage of Hindus, Muslims, Christians, Parsis and ‘the Special Marriage Act, 1954’ and ‘the Foreign Marriage Act, 1969’. Under scrutiny are related laws like ‘Hindu Minority and Guardianship Act, 1956’ and ‘Hindu Adoptions and Maintenance Act, 1956.’ In his Independence Day speech last year, the PM said, “To end malnutrition among girls, to assess what should be the age of marriage, we have set up a committee.”

Degree certs before convocation if needed

Degree certs before convocation if needed

Sunitha.Rao@timesgroup.com

Bengaluru:17.12.2021

For the first time, Rajiv Gandhi University of Health Sciences is mulling providing degree certificates to doctors applying for higher studies in universities abroad prior to the convocation. For this, the varsity has to amend its own Act and the matter will be taken up at the ongoing Belagavi session.

RGUHS authorities said some doctors were asked to provide their final degree certificates when applying for higher studies abroad.

In a communication sent to medical education department’s principal secretary on December 7, medical education minister K Sudhakar directed the officer to propose amendments to enable issue of degree certificates as soon as the candidate secures eligibility. Recently, a doctor from Andhra Pradesh, who is in Karnataka and has completed internship in 2020, sought a degree certificate prior to the convocation, stating he required it for higher studies abroad. He wrote to the governor and that’s how the discussion came to the forefront, sources said.

“In some universities abroad, while scrutinising documents for admission, in the absence of degree certificates, they ask for additional documents from students to be certified by RGUHS, which we regularly do,” RGUHS sources said.

If the amendment is brought, it will help many students, say officers. “Soon after results, we provide provisional degree certificates. The gap between issuing provisional and final degree certificates is 7-8 months depending on when the convocation is held. The amendment would help doctors taking up higher studies abroad,” said Dr Jayakara SM, incharge vice chancellor, RGUHS.

He said that at a recent meeting, higher officials discussed possible options to provide degree certificates to those who need it soon after results are announced. “At present too, the Act gives us an option to conduct a mini-convocation in case of emergencies. But that has not happened so far. We are mulling taking up an option employed in Delhi University, wherein based on the affidavit filed by the candidate, the degree certificate is issued prior to the convocation. We’re looking into the Delhi University model,” he said.

ALL EYES ON RGUHS FUNDS

The minister’s letter, a copy of which is with TOI, about provision for issuing degree certificates, also talks about suitable amendments about usage of funds. Currently, the university has Rs 1500 crore to spend for which a nod from the government is essential.

Chapter 4 of the RGUHS Act speaks about utilisation of funds, its management and audit. Under the provision to section 40, it is clear that with respect to utilisation of funds, the directions of the state government shall be final.

“However, if any such limitation is cast on the government with respect to the utilisation of funds, it is imperative to introduce suitable amendments to the statute so as to enable the government to ensure that funds are put to effective use in the interest of extending better healthcare services to the general public,” reads the letter.