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Wednesday, September 25, 2024

Plea opposes delinking nursing from med univ

NURSING SCAM

TIMES NEWS NETWORK 25.09.2024v

Bhopal/Jabalpur : Vishal Baghel, the petitioner in the public interest litigation (PIL) filed in the MP high court over fake nursing colleges operating in large numbers in MP, on Tuesday presented an application before the division bench, opposing the move of the state govt to disaffiliate nursing and paramedical courses from the MP Medical University.

The state govt sought time from the court to respond to the application. The Indian Nursing Council (INC) also requested time to present an affidavit in support of its reply submitted in the court earlier. The court, granting time to the state govt and the INC, deferred the hearing of the case for four weeks.

President of the Law Students' Union, Vishal Baghel, in his petition, had raised the issue of a large number of fake nursing colleges operating in the state, particularly in the tribal areas, which don't have the requisite infrastructure or manpower to run the nursing courses. In its probe, the CBI had given a clean chit to 169 nursing colleges, pointed out deficiencies in 74 but said that they can be rectified, and found 65 nursing colleges as unfit to operate.

Later, the court constituted a three-member committee headed by a retired HC judge , to examine the 74 nursing colleges. The 65 nursing colleges found unsuitable for operation will be shut, and their students will not be adjusted in any other college, the court had said.

In the meanwhile, CBI officials involved in the probe were arrested by the CBI Delhi team on charges of demanding a bribe from proprietors of nursing colleges to give their colleges a fitness certificate, thereby putting the probe in question. Following this, HC ordered a fresh probe into the 169 colleges given a clean chit by the CBI. The court had further asked the CBI to inspect the colleges in the presence of a judicial magistrate.

Pay up pending bills or lose salary: Discom to govt staff

500 Govt Employees With ₹1Cr Unpaid Electricity Bills Identified

TIMES NEWS NETWORK

Bhopal : In its ongoing outstanding energy bill recovery drive, the central discom is now targeting govt employees who are defaulters. The outstanding bills have amounted close to Rs 1 cr and the discom has threatened to withhold the salaries of those that do not pay their bills and send a list of defaulters to the department heads and treasury. In a first, the discom has identified around 500 govt employees in Datia district who have energy bill outstanding of more than Rs 10,000 each. These govt officials and employees have been instructed to pay their outstanding bills within seven days, said official sources from the discom..

The company has stated that those who do not pay their outstan- ding bills will not receive their salary next month, offi- cials said. Managing Director of the central discom, Kshitij Singhal, had written to the collectors of all 16 districts in the company's operational area, urging them to ensure that govt employees pay their dues. Following this, the collectors also wrote to all dept heads in their districts, emphasising the need for this action. The letter mentioned that many govt employees, whether regular, contractual, or from external sources, do not regularly pay their electricity bills. Singhal has written a letter to take action against such employees, including withholding their salaries and stipends.

The company noted that some employees owe bills amounting to lakhs of rupees, the discom said in an official statement.

Women Leave Job To Look After Family; Merely Because Wife Is Able Bodied & Is Capable Of Earning Livelihood Does Not Absolve Husband From Providing Her Maintenance:

Delhi HC By Tanveer Kaur|24 Sept 2024

The Delhi High Court observed that the fact that the wife is able bodied and can earn a livelihood does not absolve a husband from providing maintenance to his wife and children. The Court said that the Petitioner is insulting not only his wife but the entire womankind while contending that his wife is only a parasite and is abusing the process of law. The Court was hearing a Criminal MC challenging the order of the Additional Sessions Judge which upheld the Metropolitan Magistrate’s order.

The Magistrate had directed the Petitioner to pay maintenance of ₹30k per month to the respondent. Additionally, the Petitioner was ordered to pay ₹5L to the respondent for injuries, mental torture, and emotional distress, along with ₹3L in compensation, including ₹30k for litigation costs.

“The fact that the Respondent is able bodied and can earn a livelihood does not absolve a husband not to provide maintenance to his wife and children. Indian women leave their jobs to look after the family, cater to the needs of their children, look after their husbands and his parents. The contention that the Respondent is only a parasite and is abusing the process of law is nothing but an insult not only to the Respondent herein but to the entire women kind.” Advocate Sanjay Kumar Tiwary appeared for the Appellant. Brief Facts- The Respondent-wife sought maintenance, alleging abuse by the Petitioner-husband and claiming that he had an extramarital affair. She alleged that he abandoned her and their two children without financial support. She stated that the Petitioner was financially well-off, owning a business, properties, and vehicles, while she was unemployed and dependent. The Trial Court awarded maintenance and compensation. The Court rejected the Petitioner’s appeal, but the Appellate Court upheld the Trial Court's decision, rejecting his claims. The Petitioner has challenged the trial Court decision in the present petition.

The Court observed, “The Apex Court has consistently upheld that the conceptualisation of Section 125 was meant to ameliorate the financial suffering of a woman who had left her matrimonial home; it is a means to secure the woman‟s sustenance, along with that of the children, if any. The statutory provision entails that if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities.” The Court mentioned the Apex Court decision in Apex Court in Chaturbhuj v. Sita Bai, (2008) and quoted, “Whether the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record. Where the personal income of the wife is insufficient she can claim maintenance under Section 125 CrPC. The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband…it was observed that the wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family. The expression “unable to maintain herself” does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 CrPC."

The Court said that the fact that the Respondent/Wife is capable of earning cannot work to her detriment. Accordingly, the Court dismissed the Petition. Cause Title: Amit Chandi v. Aarti Chandi (Neutral Citation: 2024:DHC:7173)

https://www.verdictum.in/court-updates/high-courts/delhi-high-court-amit-chandi-v-aarti-chandi-2024dhc7173-maintenance-section-125-crpc-husband-wife-desertion-1552509

"This fraud must end, " Supreme Court rejects Punjab's NRI quota plea Synopsis

ECONOMIC TIMES 25.09.2024

The Supreme Court has dismissed Punjab's plea to expand the NRI quota in medical colleges, emphasizing that distant relatives of NRIs should not receive admission benefits. Meanwhile, Karnataka is seeking approval to introduce a 15% NRI quota in government medical colleges by 2025-26, aiming to generate revenue and improve educational facilities. The Supreme Court has rejected the Punjab government's plea challenging the High Court's verdict on the widening of the NRI quota in medical colleges.

The apex court stressed that distant relatives of NRIs cannot be granted admission benefits, stating, "This fraud must end." The ruling comes as the Karnataka government is pushing for the introduction of a 15% NRI quota in government medical colleges, starting in the 2025-26 academic year. Earlier this month, the Punjab and Haryana High Court quashed the Punjab government's notification that amended the conditions for NRI quota admissions in medical colleges across the state. The bench, consisting of Chief Justice Sheel Nagu and Justice Anil Kshetarpal, ruled that the state's August 20 notification, which broadened the definition of NRI candidates to include distant relatives, was "arguably unjustified."

The court pointed out that the NRI quota was originally intended to benefit genuine NRIs and their children, giving them access to education in India. However, the government's move to include relatives like uncles, aunts, grandparents, and cousins in the NRI category undermined the policy's original intent. "By broadening the definition, the door for potential misuse is opened, allowing individuals outside the policy's intent to take advantage of these seats, potentially bypassing more deserving candidates," the court observed.

On August 28, the court had already stayed the notification after receiving a plea from Geetan Verma and other aspirants. They argued that a prospectus for medical admissions had been issued on August 9, only for the government to change the admission criteria through the August 20 notification, which they said was not permissible. The court criticized the vagueness of the new provision, which allowed distant relatives to qualify as guardians simply by claiming they had looked after a student. It noted that this opened up opportunities for manipulation, allowing individuals to claim guardianship for the sole purpose of securing admission under the NRI quota. This, the bench argued, dilutes the merit-based admission process, unfairly disadvantaging more academically qualified students.

Karnataka's quota pitch

Meanwhile in June, Karnataka’s Medical Education Minister, Sharan Prakash Patil, wrote to the National Medical Commission (NMC) seeking approval to create 508 supernumerary MBBS seats in 22 government medical colleges. These seats, which would be above the existing intake, are intended to cater to NRI students. Patil cited the University Grants Commission (UGC) guidelines and the National Education Policy 2020, which encourage the admission of international students to Indian institutions, as justification for this proposal. Currently, Karnataka only permits NRI admissions in private medical colleges, where students pay fees ranging from ₹1 crore to ₹2.5 crore. In contrast, states like Rajasthan, Haryana, and Punjab charge between USD 75,000 to USD 100,000 for NRI seats in government medical colleges. Patil believes that introducing the quota in Karnataka would generate significant revenue, improving facilities and the quality of education in medical colleges, which face financial challenges despite government funding. Patil has proposed an annual fee of ₹25 lakh for NRI students, estimating that this could generate ₹127 crore in the first year alone. He expressed confidence that the Centre would approve the proposal, allowing the state to implement the NRI quota in government medical colleges by the 2025-26 academic year

Punjab’s NRI quota criteria a ‘fraud’ on education system:SC

Dhananjay.Mahapatra@timesofindia.com 25.09.2024

New Delhi : Supreme Court on Tuesday castigated the AAP govt in Punjab for expanding the eligibility criteria for availing 15% NRI quota in admissions to state-run and private medical and dental colleges to include ‘wards’ of NRIs and termed this a “fraud on the education system to mint money”. Taking exception to the last-minute expansion of criteria for NRI quota after the last day of submission of applications to include any near relative or ward of NRIs for admission to medical colleges, a bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra strongly criticised the Bhagwant Singh Mann-led AAP govt for devising a “money spinning” mechanism.

“Look at the expressions — ‘nearest relatives’ and ‘wards’ of NRIs. Anyone can be a nearest relative, even a third cousin. And what did the govt mean by ward of an NRI? Any and everyone can be termed a ward of an NRI, and the proof is just an affidavit by the person residing abroad,” the bench said.

Dismissing Punjab govt’s appeal against HC’s Sep 10 order quashing the new criteria, the CJIled bench said, “These are all back door entries, and this is nothing but a money-spinning device for the govt. It must stop.” Appearing for general category students, who are to avail the vacant NRI quota seats, senior advocate Abhimanyu Bhandari said a general category student with 630 out of 700 marks would not get a seat but an NRI ward with just 200 marks could get admitted.

“In Punjab, it is not difficult to find an NRI,” he said. The CJI said the Punjab and Haryana HC bench led by CJ Sheel Nagu had given the correct judgment by quashing the Aug 20 corrigendum to the medical admission prospectus and directing the state to complete the admissions as per the unamended prospectus which entitled only children of NRIs to take admission under the NRI quota. For Punjab, additional advocate general Shadan Farasat argued that the AAP govt had followed the same process that was being implemented for NRI quota admissions by Himachal Pradesh, Rajasthan, Chandigarh and the Union govt.

Siddha assn president held for issuing fake Siddha certificates

Cuddalore : All-India Siddha Medical Officers' Association’s TN president Subbaiah Pandian was arrested by Cuddalore CBCID sleuths on Monday on charges of issuing fake certificates to people, authorising them to practise Siddha medicine. The fake certificate racket was busted after passers-by found several certificates dumped at a canal near Chidambaram and alerted police and Annamalai university officials.

The university authorities, upon verification, found that they were fake. Police managed to trace and arrest three people involved in preparing fake certificates. The arrested were identified as Sankar, Krishnamoorthy, and Nagappan. The case was later transferred to CBCID. Police said the accused admitted to procuring fake certificates through Subbaiah Pandian to practise Siddha medicine after paying him money ranging from ₹5,000 to ₹5 lakh.

A CBCID team searched Pandian’s house and seized more than a dozen fake certificates. They brought him to Cuddalore for detailed inquiries.

Race club case: HC reserves order on suit challenging termination of lease

TIMES NEWS NETWORK 25.09.2024

Chennai : Madras high court on Tuesday reserved its order on a suit moved by Madras Race Club (MRC) challenging the action of state govt in terminating the lease of 160 acres of land allotted to it in Guindy. Concluding the final arguments on the interim application moved by the club seeking leave to move the suit without the mandatory two months’ notice, Justice R M T Teeka Raman reserved his order. Representing the govt, senior advocate Dushyant Dave submitted that he was surprised that the club has moved a fresh civil suit when the issue is already pending before a division bench of this court.

“This is a classic case of forum shopping,” he said. Once the order of termination of the lease is issued, the resumption of possession of the property is automatic, he added. Moreover, so far, the order of termination of the lease has not been challenged by the club. So, we are within our rights to do what should be done, the senior advocate said. He added that the club has approached the court suppressing vital facts that the lease was not only terminated but the possession of the property was already taken by the state. Fifteen days’ time was given to the club only to vacate the building and remove the horses, he said. Producing copies of communications issued by the collector and the revenue de- partment, he said the documents would categorically show that the possession of the property was taken on Sept 9. As to the submission made by the advocate-general before the division bench that the possession of the property is yet to be taken, Dushyant Dave said, “What AG made was not an undertaking, but misreading of the GO.

It happens.” He relied on a Supreme Court judgement and contended that the govt is not bound by undertakings made by govt ad- vocates before the court. Representing the club, senior advocate A L Somayaji contended that even if the lease was terminated, the state cannot take immediate possession of the property without issuing appropriate notice and providing reasonable time to vacate. Senior advocate Gopal Shankaranarayanan submitted that the govt is earning a revenue of ₹10 crore from members of the club and if it is closed it would affect the owners and trainers of the horses.