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Wednesday, November 6, 2024

HC orders govt to appoint 292 auxiliary nurses

TIMES NEWS NETWORK 6.11.2024

Bhopal/Jabalpur : In a significant judgement, a division bench of MP high court ordered the state government to give appointments to 292 candidates on the post of ANM (Auxiliary Nurse Midwife) in the health department, who were denied posting at the time of verification of records for not fulfilling three conditions. The court said that if the order is not complied with, the commissioner, health, should personally appear in the court in the next hearing of the case. The order was issued by the HC bench on a petition filed by Rajnandini from Balaghat and 291 other candidates from across the state challenging their disqualification for the post of ANM on the pretext of not fulfilling three conditions – that they had not passed class 12th ex-am with biology, physics and chemistry as main subjects, had not received training as ANM in a govt hospital and duration of their training was not 2 years.

According to the petitioners, according to 1989 rules it was not necessary for ANMs to have completed higher secondary with biology, chemistry and physics as compulsory subjects and the duration of training was 18 months. Similarly, a candidate could have received training in a private hospital as well, but the rules were changed in 2019 and the new conditions were inserted but by then, they had completed the ANM course. In 2023,when the vacancies of ANMs were advertised, they were not allowed to appear in the exam. They moved court challenging the decision not to allow them to appear in the exam. The court allowed them to appear in the exam and they cleared the exam but at the time of verification of documents, they were denied posting on the pretext that they don't fulfil the criteria for appointment as ANMS.

The bench of chief justice Suresh Kumar Kait and Justice Vivek Jain while allowing the petition ordered the state government to give them posting as ANMs and said if the order is not complied

with, the commissioner, health, should be present in the court in the next hearing on Nov 20, 2024. Advocate Ishan Soni appeared in the case for the petitioners

HC: Clicking woman’s pic near her house not voyeurism

TIMES NEWS NETWORK 6.11.2024

Kochi : If a woman is in a public or private place where she would not typically expect privacy or protection from being seen or photographed, the offence of voyeurism is not applicable, the high court has held. Justice A Badharudeen made this ruling in response to a petition filed by two accused seeking to quash the charges against them for allegedly taking a photograph of a woman in front of her house and making gestures with sexual intent.

According to the prosecution, the incident occurred in 2022 when the complainant was in front of her house, and the accused approached in a car, took photographs of her and the house, and, when confronted near the gate, made gestures with sexual implications. The police registered a case against the accused under sections 354C (voyeurism) and 509 (word, gesture, or act intended to insult the modesty of a woman) of the IPC.

In considering the petition, the bench observed that the offence of voyeurism applies only when a woman is watched or photographed while engaged in a private act, under circumstances where she would usually expect not to be observed. Since the accused took the photograph while the complainant was in front of her house, the offence under section 354C IPC was not applicable, leading to its quashing. However, the bench noted that the accused’s actions could attract charges under Section 354A(1)(i) and (iv) (sexual harassment and punishment for sexual harassment) of the IPC.

NEWS TODAY 6.11.2024

Press release by itself can’t amend law: SC

AmitAnand.Choudhary@timesofindia.com 06.11.2024

New Delhi : In an important ruling, Supreme Court on Tuesday held that a press release issued by govt on Cabinet decision regarding change in policy cannot be treated as a law to claim benefits on that basis and it would be assumed to come into force when notification is issued. Abench of Justices B R Gavai, Prashant Kumar Mishra and K V Viswanathan said press release by govt would not mean that the existing law or policy stands changed on that day and it is at best a promise by govt and not any alteration of the law proprio vigore (by its own force). The court rejected the plea of Nabha Power Ltd, which sought relief on the basis of a press release issued by Press Information Bureau on Cabinet decision on a new legal regime for customs duty exemptions for mega power projects. Although the press release was issued on October 1, 2009, the finance ministry had issued notifications on Dec 11 and 14, 2009, and the company pleaded that the law should be assumed to have been amended on the date of press release which can be considered as a “law