SC upholds reservation for OBC in medical quota seats

SC upholds reservation for OBC in medical quota seats

Says High Scores In Examination Are Not A Proxy For MeritDhananjay.Mahapatra@timesgroup.com

New Delhi: Settling the perennial merit vs quota debate while upholding reservation for Other Backward Classes (OBCs) in the intensely competitive all-India quota (AIQ) medical seats, the Supreme Court on Thursday ruled that scores in entrance tests do not reflect the social, economic and cultural advantage that accrues to certain classes and contributes to their success in such examinations.

Rejecting the challenge to the constitutional validity of 27% OBC quota in the highly sought-after AIQ seats in MBBS and MD courses, a bench of Justices D Y Chandrachud and A S Bopanna said, “Merit cannot be reduced to narrow definitions of performance in an open competitive examination which only provides formal equality of opportunity. ”

“High scores in an examination are not a proxy for merit. Merit should be socially contextualised and reconceptualised as an instrument that advances social goods like equality that we as a society value. In such a context, reservation is not at odds with merit but furthers its distributive consequences,” the bench said.

Writing the judgment, Justice Chandrachud said, “Competitive examinations assess basic current competency to allocate educational resources but are not reflective of excellence, capabilities and potential of an individual which are also shaped by lived experiences, subse-quent training and individual character. Crucially, open competitive examinations do not reflect the social, economic and cultural advantage that accrues to certain classes and contributes to their success in such examinations. ”

The bench said the 10% EWS quota for undergradu- ate and post-graduate medical courses would also continue for the 2021-22 academic year, as judicial propriety would not permit the SC to pass an interim order staying the criteria for determination of the EWS (Economically Weaker Sections) category.

“It is a settled principle of law that in matters involving challenge to the constitutionality of a legislation or a rule, the court must be wary to pass an interim order, unless the court is convinced that the rules are prima facie arbitrary,” the bench said while scheduling the exercise for detailed scrutiny of the constitutional validity of EWS quota to the third week of March.

It said, “At this stage, without hearing all the interested parties at length on arguments such as (i) extent of judicial review of materials relied on for providing reservation under Article 15; (ii) the power of the states to determine EWS in view of the explanation to Article 15 and in view of an alternative criteria proposed by the committee formed by the government of Kerala; and (iii) the meaning of EWS — the identification of the poor or the poorest, it would be impermissible for us to form a prima facie opinion on the alleged arbitrariness of the criteria. ”

Importantly, the SC clarified that the Centre was not required to seek its permission before providing reservation in AIQ seats. “Therefore, providing reservation in the AIQ seats is a policy decision of the government, which will be subject to the contours of judicial review similar to every reservation policy;. . . The Union of India in view of Article 15(5) and Article 15(6) of the Constitution has the power to provide reservation in AIQ seats since these seats have been surrendered to the Centre. ”

Full report on www. toi. in

Creamy layer: OBC groups petition govt to revise ₹8 lakh income ceiling

New Delhi: With the government telling the Supreme Court that it does not include “salary” while computing the family income of OBCs for the purpose of categorizing the ‘creamy layer’, OBC groups have now begun to petition the Centre to revise the much-delayed income ceiling from the present ₹8 lakh, arguing that the reason behind the delay appears junked by its stance in the apex court.

A prominent group, All India federation of OBC employees welfare associations, on Wednesday wrote to social justice minister Virendra Kumar that the revision of OBC income ceiling should be done immediately as it has already been delayed by around16 months. It has given the reference of the government’s stand in the Supreme Court in the EWS case to state that there is no cause for any further delay.

The income ceiling for OBCs is revised every three years, and the Union cabinet had last hiked it from ₹6 lakh to ₹8 lakh on August 23, 2017, and a notification was issued later. — Subodh Ghildiyal

Full report on www.toi.in

Illegal transfer of property: Doctor given no breather

Illegal transfer of property: Doctor given no breather

TIMES NEWS NETWORK

Chennai: The Madras high court on Wednesday confirmed an order passed by the Tamil Nadu medical council suspending the licence of a Coimbatore-based doctor who issued a false medical fitness certificate and aided illegal alienation of property worth ₹ 50 crore to his son-in-law.

“The facts are not only glaring but blatantly shocking. Justice is not blind; her blindfolds only represent impartiality. It is the duty of the court to make sure that the scales are always balanced,” Justice R Mahadevan said.

The court passed the order while dismissing a plea moved by doctor S Radhakrishnan challenging the suspension of his licence to practice for two years.

The issue pertains to a complaint preferred by S Shri Subhita, daughter of N Pitchaimani (since deceased) whose properties were alienated to the son-inlaw of the petitioner.

According to the complaint, the alienation was executed based on the medical fitness certificate issued by

Radhakrishnan dated October 8, 2015, certifying that her father was fit, sane and conscious enough to execute the alienation.

The petitioner said that during the said period her father was admitted in a private hospital and was not conscious and sane enough to understand and execute any legal document.

Based on her complaint, the disciplinary committee of the medical council conducted an inquiry and passed an order dated May 4, 2021, suspending the licence of Radhakrishnan.

Challenging the suspension, Radhakrishnan contended that there was undue delay in preferring the complaint. He added that the council merely placed reliance on uncorroborated or unsubstantiated allegations of the complainant.

The court, however, said, “This court is firm that where the circumstances so warrant, erring medical professionals such as the petitioner must be dealt with in a manner known to law and no misplaced lenience can be shown to such professionals. ”

Velachery bus terminus to be shifted near rly stn

Velachery bus terminus to be shifted near rly stn

Ram.Sundaram@timesgroup.com

Chennai: After a gap of nearly 10 years, Metropolitan Transport Corporation (MTC), Chennai has finally taken an initiative to shift the Velachery bus terminus to a new location near the local railway station.

At present, the terminus is functioning from a small piece of land near Vijayanagaram junction. But it is in shambles, and bus movement has become difficult ever since the government started constructing a flyover at this stretch in 2016. There is no space even for passengers to wait until their bus arrives.

Since then, residents have appealed to shift the terminus to a new location. The MTC tried to move it near Velachery railway station in 2018. But the attempt could not bear fruit as talks between various government agencies failed.

Against this backdrop,the transport corporation is trying to shift operations to another six-acre land near the station (abutting Velachery Bypass Road).

"The land has been allotted to us. We are taking steps to pay for the land in instalments," said A Anbu Abraham, managing director of MTC. The land alone might roughly cost ₹38 crore.

S Kumararaja, a resident-activist from Vela- chery, said that MTC said, "If this becomes a reality, not only MTC buses but mofussil services can also be operated from this location. Currently, government mofussil buses to Villupuram, Pudhucherry, and Tiruvannamalai are operated from Adyar. Instead of parking them along congested Indira Nagar roads, operations can be smoother from the proposed sitein Velachery".

This project, which was launched 10 years ago during the DMK regime, was left in the lurch. Only now, some steps are taken. However, MTC might not have adequate funds to construct a new bus stand or workshop, it can seek financial assistance from Chennai Metropolitan Development Authority (CMDA), he opined.

The CMDA, the nodal planning agency, constructed two terminuses at Koyambedu and Kilambakkam.

HC: Accused can give FD, directly transfer money for bail surety ‘Decrease In Dependence On Communities’

 

HC: Accused can give FD, directly transfer money for bail surety

‘Decrease In Dependence On Communities’

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Ajay.Sura@timesgroup.com

16.01.2022

Chandigarh: The Punjab and Haryana high court has ordered that an accused, granted bail in relation to any case registered against him, should be given a choice to either furnish surety bonds or to handover a fixed deposit (FD), to secure his release due to “decrease in dependence of individuals on communities”.

As per the standard practice, the accused have to furnish surety of local persons to ensure an undertaking that he would not to run away from the law and would face the trial as and when required after his release on bail. “The pragmatic approach is that while granting bail with sureties, the “court” and the “arresting officer” should give a choice to the accused to either furnish surety bonds or to handover a fixed deposit or direct electronic money transfer where such facility is available, or creating a lien on his bank account. The option lies with the accused to choose between the sureties and deposits and not with the court or the arresting officer,” the HC has held.

“The generation ‘Z’ neither would like to stand as someone’s surety nor ask a stranger to stand as their surety. Against this backdrop, the youth neither appears inclined to take favours nor return. Given this, requesting someone to stand as surety might be seeking favour and may not appeal to the younger generation,” held Justice Anoop Chitkara of the HC while suspending the sentence of an NDPS case convict.

The appellant, Mahidul Sheikh, a resident of West Bengal, convicted for possessing 220 grams of heroin (Dia- cetylmorphine), was sentenced to imprisonment for10 years and a fine of Rs1 lakh, had approached the HC seeking suspension of sentence. It was argued by his counsel that the quantity of 220 grams of heroin (Diacetylmorphine) is less than commercial and thus, rigors of section 37 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) do not apply, and application for suspension of sentence is to be considered similar to the general offences. It was further stated that the quantity involved is intermediate, whereas the Court has imposed the maximum sentence apart from forfeiting the money recovered from the house.

Counsel appearing for state opposed the suspension of sentence and contended that grant of bail encourages drug peddlers, and the drug menace is spreading day by day. It was also submitted that the convict resides in a faraway place, and in case of dismissal of the appeal, it would be challenging to arrest him if he does not surrender to face the sentence.

However, advocate Jasdev Singh Mehndiratta, who had assisted the HC as amicus curiae, submitted that not suspending the sentence only because the convict is a native of a distant state would violate Article 21 of the Constitution India, which extends to all persons residing anywhere in India and even encompasses a foreigner.

Amicus argued that given the advent of online identification, while granting bail with sureties, the “court” or “the arresting officer” should give a choice to the accused to either furnish surety bonds or give a fixed deposit, impliedly informing the accused of CrPC’s Section 445. Observations “The menace of securing sureties by payment is well known within the legal fraternity. The people have established a flourishing business of procuring sureties. Substituting surety with fixed deposit or bank transfer or bank lien is likely to address the corrupt system of unscrupulous stock sureties, throwing them out of highly questionable and unethical practices. . . ,” said Justice Anoop Chitkara

 

HC: Accused can make money transfer as surety

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16.01.2022

The Punjab and Haryana high court has ordered that an accused, granted bail in relation to any case registered against him, should be given a choice to either furnish surety bonds or to handover a FD, to secure his release due to “decrease in dependence of individuals on communities”. As per the standard practice, the accused have to furnish surety of local persons to ensure an undertaking that he would not to run away from the law.

 

Registration for NEET PG exam open till February 4

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16.01.2022

The National Board of Examinations in Medical Sciences on Saturday announced that NEET-PG 2022 will be held on March 12, 2022. The bulletin became available on Saturday. Forms can be submitted till February 4. The results will be out on March 31.

TNN

 

Festival spirit: ₹675cr revenue for Tasmac in 3 days

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TIMES NEWS NETWORK

16.01.2022

Chennai: Tasmac outlets across the state sold booze worth ₹675 crore in three days with January 14 (Pongal) alone bringing in ₹317 crore, one of the highest single day sa les. Closure of liquor vends on Saturday and Sunday (Tiruvalluvar Day and complete lockdown) was the reason for spike in sale.

On Saturday, however, tipplers near inter-state border areas in Tiruvallur, made a beeline for shops in Andhra Pradesh to buy alcohol. Last y ear, on Bhogi, Pongal and Kaanum Pongal Tasmac collectively netted revenue of ₹590 c rore. On January 14 this year, according to Tasmac sources, Madurai region recorded the highest sale of ₹68. 8 crore, followed by Trichy regionwith sale of ₹65. 5. W hile Salem and Coimb atore regions recorded sales of ₹63. 9 crore and ₹59. 6 crore, Chennai region comprising the city and neighbouring three districts clocked sale of ₹59. 2 crore. On January 13, the state-owned corporation sold liquor worth ₹203 crore in all the five regions with each region accounting for sale from19%to 21%. Of this, Madurai and Trichy regions topp ed with ₹42. 7 crore and ₹40. 6 crore.

Ordinary and medium category liquor, with price ranging from ₹120 to ₹140 (per 180 ml bottle) was on high demand, while brandy was them ost sought a fter variety followed by whisky. Liquorin180 m l bottles wasthe most sought after, though several shops had a dditional demand for 375ml and 750ml bottles, sources added. Tasmac managing director L Sub ramanian did not respond to messages and calls on sale details.

On the other hand, tipplers from bordering areas of Tiruvallur district such as RK Pet and Pallipet thronged liquor outlets across the border in neighbouring Andhra Pradesh to buy alcohol on Saturday as Tasmac shops are shut till Sunday.