WhatsApp ‘OK’ does not prove leave sanction: CAT

WhatsApp ‘OK’ does not prove leave sanction: CAT 

Rajesh Kumar Pandeytnn  23.10.2026

Prayagraj: Dismissing a railway employee’s petition challenging his transfer from Prayagraj to Fatehpur, the Allahabad bench of Central Administrative Tribunal has held that an officer’s response of “OK” to a leave request on WhatsApp “cannot by itself be treated as conclusive proof of sanction of leave”. CAT judicial member Rajnish Kumar Rai dismissed the application filed by Priya Ranjan Kumar, an employee of North Central Railway, by an order dated Oct 7. 

Kumar had got leave from July 14 to July 16 last year to visit his native village. He subsequently sought an extension of two days via WhatsApp. He claimed senior divisional commercial manager Himanshu Shukla approved his request by replying “OK”. However, when Kumar returned on July 21, he was suspended. Four days later, he was transferred to Fatehpur. 

A disciplinary chargesheet was issued on July 31. Kumar’s counsel argued that his transfer was a punitive measure connected to the dispute over his leave. The railways submitted the transfer was necessitated by the development of a new entry and booking office at Fatehpur station. The tribunal accepted the railways’ explanation and concluded that Kumar had failed to establish mala fide or punitive intent behind the transfer.

Private entities can’t mandatorily collect caste details, says HC

Private entities can’t mandatorily collect caste details, says HC

The Hindu Bureau

MADURAI. 11.10.2026

No private educational institution or employer in Tamil Nadu can mandatorily collect caste details, the Madurai Bench of the Madras High Court has directed.

A Division Bench of Justices C.V. Karthikeyan and R. Sakthivel issued the direction while disposing of a public interest litigation (PIL) petition that had sought a direction to prohibit private educational institutions and private employers in Tamil Nadu from mandatorily collecting caste or community details in application forms unless specifically required under statutory provisions.

The petitioner, N. Vikraman of Virudhunagar, said several private educational institutions and establishments were mandatorily collecting caste and community details in application forms for admission and employment even though there was no statutory requirement for such disclosure. He said such compulsory collection of caste information at the initial stage facilitated discrimination in selection and admission processes.

HC: How did 2 cops who retired on same day get unequal pension?

 HC: How did 2 cops who retired on same day get unequal pension?

08.10.2026

Ashutosh.Shukla@timesofindia.com 

Bhopal/Jabalpur: The MP high court on Tuesday sought affidavits from director general of police (DGP) of Madhya Pradesh and district pension officer at Sagar on how two police head constables who retired on the same day in 2017 have a three-fold difference in their monthly pension amount. The bench of Justice Vivek Agarwal asked the two officials to present their respective affidavits by October 30 or personally appear in the court on the next hearing of the case on November 4. 

Retired police head constable from Sagar Gopal Krishna Gupta in his petition said that he retired from the job on June 30, 2017. On the same day, head constable Rajendra Prasad Mishra also retired. His monthly pension was fixed at Rs 7,805 as against Mishra’s pension of Rs 23, 350. There is a difference of Rs 15, 545 in their monthly pension. 

Describing this difference in pension as violative of the principle of natural justice and fundamental right of equality, the petitioner said that he filed rejoinder before the higher officials of police but was not heeded to, thus making him to move court. Following initial hearing, the court sought an affidavit from DGP and pension officer Sagar on the matter explaining how there could be such a huge difference in their pension despite retiring from the same post on the same day

Centre pleads for prospective effect of SC creamy layer ruling Seeks 2 Yrs’ Time To Implement New Policy

Centre pleads for prospective effect of SC creamy layer ruling Seeks 2 Yrs’ Time To Implement New Policy

Amitanand.Choudhary@timesofindia.com 25.09.2026

New Delhi: Facing the task of implementing Supreme Court’s ruling on calculating creamy layer criteria for OBC reservation from the retrospective date of 2012, Centre pleaded with the court to make the enforcement of the verdict prospective and grant it two years’ time to implement it. The court had in March held that the income of parents could not be the sole criterion to determine the creamy layer of a candidate for exclusion from OBC reservation, and status and category of a parent’s job had to be considered with an ‘income/wealth test’ as an additional criterion. 

It made the verdict implementable from 2012, when the case was first filed. In a written note filed by additional solicitor general Aishwarya Bhati, govt submitted that the retrospective application of a changed eligibility criterion may unsettle appointments and admissions made under the rules and certificates prevailing at the time and create uncertainty regarding OBC-NCL status, seniority, service conditions and career progression. “The retrospective implementation of the present judgement would create changes in candidates’service and cadre allocation... as it would affect the services of persons appointed on the basis of CSE-2012 onward and cause a cascading effect among civil servants... The aforementioned cascading effect will impact not only OBC candidates but also reverberate across all categories including (unreserved category) of the civil services,” the note said. 

Govt said a reasonable time of two years should be given to it to undertake the necessary exercise of establishing equivalence of posts, after consulting all the stakeholders and formulating a uniform policy/mechanism for determination of OBC creamy layer status. “Union of India is only praying for a limited deferral of the operationalisation of law laid down by this hon’ble court for a period of two years so that the competing rights can be adjusted consistent with administrative contingencies & an effective equivalence exercise is carried out,” it said.

Religious conversion doesn’t end a person’s ST status: HC ‘Tribal Identity & Community Links Also Imp’

Religious conversion doesn’t end a person’s ST status: HC ‘Tribal Identity & Community Links Also Imp’ 

Rajesh Kumar Pandeytnn 24.09.2026

Prayagraj: Allahabad High Court has held that conversion to another religion does not, by itself, result in the loss of Scheduled Tribe (ST) status. The court observed that whether a person continues to be a member of a Scheduled Tribe is a question of fact that must be determined by examining the essential attributes of tribal identity, including customary practices, social organisation, community life, and acceptance by the tribal community. 

Justice Arun Kumar made the observations while relying extensively on Supreme Court’s 2026 judgment in Chintad Anand vs State of Andhra Pradesh and Others, which held that the determination of ST status depends on whether the claimant continues to retain tribal identity. The case arose from petitions filed by Ninhki alias Naimunisha, who claimed to belong to the Bhuiya Scheduled Tribe community. She challenged three orders passed by deputy collector, Sonbhadra, declaring land transfers in her favour void. The petitioner contended that she possessed a valid ST certificate and had purchased the land from members of the Gond Scheduled Tribe. 

The HC clarified that there can be no blanket legal proposition that a person ceases to be a member of a Scheduled Tribe merely because of a change in religion. The court observed that even after conversion, a person may continue to belong to a Scheduled Tribe if tribal traits remain intact.

Court: Medical boards can’t reassess certified disability

Court: Medical boards can’t reassess certified disability 

Ritika Singh Sisodiyatnn 24.09.2026

Lucknow: The Allahabad High Court’s Lucknow bench has held that the percentage of disability recorded in a valid disability certificate issued by a competent authority cannot be reassessed or altered by a medical assessment board constituted by National Medical Commission (NMC). 

The court clarified that the role of medical assessment board is limited to determining whether a candidate is capable of completing the MBBS course with reasonable accommodation and assistive devices and does not extend to re-determining the percentage of disability certified by the competent authority. 

A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary, while deciding three petitions filed by Shubham Mishra, Saurabh Rana and Gulfam Ahmed together, quashed the findings of the Medical Assessment Board and the Appellate Medical PwBD Assessment Board, which had declared the candidates ineligible for reservation under the Persons with Benchmark Disabilities (PwBD) category. 

The court directed authorities to include the three candidates as eligible PwBD candidates in the remaining NEET-UG 2026 counselling and consider them for seat allocation in accordance with their PwBD All India Rank and the applicable counselling rules. 

Mishra was issued a certificate showing 45% permanent disability by the CMO, Sultanpur. He was issued the disability certificate and UDID card on account of a chronic neurological condition (Bell’s palsy). He secured PwBD All India Rank 948 in NEET-UG 2026. However, the board, in its certificate dated Aug 11, reduced his disability from 45% to 20% and declared him ineligible for PwBD reservation. 

The Appellate Medical Board also found him ineligible under the PwBD category on Aug 21. The HC held that both boards had exceeded their jurisdiction by reassessing the percentage of disability.

‘Demand’ must be proved for graft conviction: HC ‘Mere Recovery Of Tainted Cash Not Enough’

‘Demand’ must be proved for graft conviction: HC ‘Mere Recovery Of Tainted Cash Not Enough’ 

Partha.Behera@timesofindia.com 

21.09.2026

Raipur: Chhattisgarh HC has held that mere recovery of “tainted currency” from an accused cannot sustain a conviction under Prevention of Corruption Act unless the prosecution proves the demand for a bribe beyond reasonable doubt. 

Justice Naresh Kumar Chandravanshi, hearing an appeal by an accountant in the office of the Surajpur district education officer on Sept 18, observed that the prosecution had failed to establish the foundational requirement of demand and acceptance of bribe.

The court also found serious deficiencies in the electronic evidence relied upon to establish the alleged demand. The HC set aside the March 2017 judgement of the special judge, Prevention of Corruption Act, Surajpur, and acquitted the accountant of the bribery charges. 

According to the prosecution, the accountant had demanded Rs 15,000 from the president of Maa Saraswati Shiksha Samiti for the recognition of a school run by the society. The alleged demand was reduced to Rs 8,000. Following a complaint to Anti-Corruption Bureau, a trap was laid at the DEO’s office in Surajpur on June 30, 2014. The prosecution said the accountant accepted Rs 8,000 in tainted currency, and was apprehended. 

The amount was recovered from his pocket and chemical tests indicated handling of the currency. However, during the trial, the complainant stated that the accountant had never demanded a bribe from him. A witness said the complainant had forcibly put the money into the accountant’s pocket. HC noted none of the witnesses supported the crucial question of the demand for a bribe. 

The court also said the investigating officer had admitted no certificate under Section 65-B of Indian Evidence Act had been obtained for the electronic recording. No voice sample was taken and no forensic examination was conducted to establish that the voice in the recording belonged to the accountant.

HC quashes caste cert order based on ‘fairness, physique’

HC quashes caste cert order based on ‘fairness, physique’

20.09.2026

Sureshkumar.K@timesofindia.com 

Chennai: Will a fair complexion, good physique, curly hair and English-speaking skills mean a person concerned cannot be a member of the scheduled caste community? No, said Madras high court, setting aside an order passed by a district-level vigilance committee declaring a Hindu Adi Dravidar community certificate issued to a retired customs assistant commissioner as not valid on the ground that ‘his family members are very fair in complexion, tall with good physique, have curly hair and speak Tamil and English’ among other grounds. 

Justice D Bhasratha Chakravathy passed the order on a plea moved by M Ravikumar and observed that the manner in which the reasons were recorded in the order could not be the context of any evaluation by any anthropologist

Order passed on grounds that petitioner’s father was Christian 

The committee passed the order on the ground that the petitioner’s father was a Christian and was buried in a Christian cemetery. “While, whether the petitioner follows the Hindu gods or Christianity, will be relevant, the reasoning that the petitioner and his family members are very fair in colour, they are tall and having good physique and speak Tamil and English and have curly hair, may not have any relevance,” the judge said. 

“It is for the committee to verify the genuineness of the petitioner’s community. In this case, there is no dispute that the petitioner belongs to a scheduled caste. What is in dispute is that thereafter, he got converted into Christianity and even though he has claimed to be reconverted to Hinduism, whether the same is genuine and correct or not, is the question,” the court said. 

Thus, on re-conversion, if the members of the caste accept the petitioner, then the petitioner is entitled to the certificate, the court added. As far as Hinduism is concerned, the law has been laid down that it cannot be demonstrated merely by a formal conversion, but by an unequivocal and categorical following and belief in the religion, the court said and directed the petitioner to submit all the documents which are at his command before the committee. 

The committee has been directed to conduct an inquiry and pass a fresh order in eight weeks. According to the petitioner, his father re-converted to Hinduism in 1983 based on which he was issued the community certificate. While he retired on May 5, 2026, just before his retirement, the authorities started verifying the genuineness of his community certificate. Ravikumar submitted that he and his wife are Hindus. Their children are brought up only as Hindus. He only worships Hindu gods. His marriage as well as his daughter’s marriage all were solemnised as per Hindu rites and customs. 

TN must change mindset, allow Hindi in schools: SC

TN must change mindset, allow Hindi in schools: SC 

‘States Should Not Act Like Countries’   18.09.2026

New Delhi: Supreme Court on Thursday told Tamil Nadu govt that it needed to change its mindset towards teaching Hindi in schools and should thrash out issues with Centre on setting up Navodaya Vidyalayas in every district. As Vijay-led TN govt took the same stand taken by the previous DMK govt, a bench of Justices B V Nagarathna and A G Masih said individual states cannot act like an individual country. “You have to change your mindset, it can’t be that Hindi will not be taught on the soil of TN,” the bench told the state govt. 

TN has been opposing setting up of these schools as they follow a three-language policy, including Hindi, which is against TN’s two-language policy. “We are saying in addition to all the good things you’re doing in your state, having something in addition will not bring down your standards. 

Coming from Delhi, will not lower the standards of Chennai. People in Chennai should not alienate Delhi and vice versa,” SC said. Senior advocate Jaideep Gupta, appearing for TN, submitted it is against federal structure to impose Centre’s decision on a state. “It is against the state policy. It supersedes Tamil. This kind of unification is not the purport of the Constitution. It is not a central govt school. It is a school run by a society. There is an adamancy that Hindi must predominate,” he told SC. Gupta submitted that cooperative federalism would never work in only one direction and such policy should not be enforced by SC. 

The bench, however, asked the state to comply with its order and posted the case for further hearing in Dec. Last Dec, it had directed TN to identify land required for establishing Navodaya Vidyalayas in each district within six weeks. “Comply with our earlier order. We are not asking you to acquire land. We are only asking to identify. We are concerned with the good of everybody. You can’t say I won’t accept a policy. Today it is education, tomorrow it will be something else. You have to relax this rigidity in your mind,” SC said.

Madras High Court Rules Environmental Clearance Not Required for Essentiality Certificate of Medical Institutions

 Madras High Court Rules Environmental Clearance Not Required for Essentiality Certificate of Medical Institutions

The Madras High Court has held that an Environmental Clearance Certificate and approval from the Tamil Nadu Pollution Control Board are not mandatory prerequisites for obtaining an Essentiality Certificate for establishing a medical institution, clarifying that such environmental compliances, while required under separate statutes for construction and commissioning, do not form part of the qualifying criteria under Form 2 of the Establishment of Medical College Regulations, 1999.

Courts & Judiciary

Hydar Choudhury

Sep 9, 2026·

The Madras High Court recently held that an Environmental Clearance Certificate and approval from the Tamil Nadu Pollution Control Board are not necessary documents for obtaining an Essentiality Certificate for establishing a medical institution. The bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan passed this order while hearing a writ petition filed by Chettinad Academy of Research and Education against a communication from the Principal Secretary, Health and Family Welfare Department, Government of Tamil Nadu, which had insisted on the production of these two certificates before processing the Essentiality Certificate application.

Background of the Case

Chettinad Academy had acquired the property previously owned by Ponnaiyah Ramajayam Institute of Science and Technology (PRIST Trust) through an e-auction conducted under the SARFAESI Act. PRIST Trust had been granted an Essentiality Certificate in August 2014 for setting up a medical college with an annual intake of 150 students. Although the college operated for a few years, it was denied recognition by the Medical Council of India for the academic years 2017-18 and 2018-19 due to non-compliance with prescribed norms, following which it ceased operations.

Courts & Judiciary

After acquiring the property, Chettinad Academy approached the National Medical Commission seeking permission to admit 150 students for the academic year 2025-26. In response, the State Health Department required the institution to obtain an Environmental Clearance Certificate and a certificate from the Tamil Nadu Pollution Control Board as preconditions for granting the Essentiality Certificate. This requirement was challenged before the Single Judge, who dismissed the plea and directed the institute to secure the said certificates. Aggrieved by this order, Chettinad Academy filed an appeal before the Division Bench of the Madras High Court.

Arguments Advanced by the Parties

The petitioner contended that the Essentiality Certificate originally issued to PRIST Trust had neither been withdrawn nor cancelled, and that under the provisions of the SARFAESI Act, all statutory approvals attached to an asset are transferred to the auction purchaser. Accordingly, the Essentiality Certificate continued to remain valid and enforceable. Furthermore, it was argued that neither environmental clearance nor Pollution Control Board approval finds mention in Form 2 of the Establishment of Medical College Regulations, 1999, which outlines the criteria for evaluating an application for an Essentiality Certificate. Therefore, these documents could not be made a prerequisite for its grant.

The State, in its counter, maintained that the Essentiality Certificate is not a mere formality and that the State’s satisfaction in granting it cannot be divorced from broader statutory compliances, including environmental norms. It argued that ensuring environmental safeguards is integral to the establishment of any institution, particularly one involving public health and safety.

Court’s Observations and Reasoning

The Division Bench noted that while the Single Judge had acknowledged the arguments raised by both the petitioner and the State, it had not weighed them against each other or arrived at a conclusive finding on the core issue. The High Court observed that this failure to address the substantive grounds raised by the parties rendered the Single Judge’s order unsustainable.

On the merits, the Court clarified that although Environmental Clearance Certificates and Tamil Nadu Pollution Control Board approvals are mandatory under distinct environmental statutes before constructing or commissioning a medical institution, they are not prescribed as qualifying criteria in Form 2 for the evaluation of an Essentiality Certificate. The Bench emphasized that the absence of such environmental clearances at the threshold stage cannot be used by the State as a ground to withhold or delay the processing of an Essentiality Certificate application.

The Court further stated: “While environmental compliances (such as the Environmental Clearance Certificate and Tamil Nadu Pollution Control Board approval) are mandatory before constructing or commissioning a medical institution under distinct environmental statutes, they are not qualifying criteria prescribed under Form 2 for evaluating the grant of an Essentiality Certificate. The lack of an environmental clearance at the threshold cannot serve as a ground for the State to withhold or defer the processing of an Essentiality Certificate.”

Operative Outcome

The Madras High Court allowed the appeal filed by Chettinad Academy of Research and Education, quashed the order of the Single Judge, and directed the State Health Department to process the Essentiality Certificate application without insisting on the prior production of an Environmental Clearance Certificate or a certificate from the Tamil Nadu Pollution Control Board. The Court made it clear that while such environmental clearances remain obligatory under environmental laws for actual construction and operation, they are not conditions precedent for the grant of an Essentiality Certificate.

Courts & Judiciary

Foreigner cannot claim electoral rights reserved for citizens, says HC

Foreigner cannot claim electoral rights reserved for citizens, says HC

Citizenship is not merely a formal entry in a document; It forms the legal bond from which political rights and civic obligations arose, says Madurai Bench of Madras High Court

B.Tilak Chandar

MADURAI. 07.09.2026

A foreign national cannot claim electoral rights reserved by law for citizens merely because his/her name has erroneously or otherwise continued to remain in an electoral roll, the Madurai Bench of the Madras High Court has said. The court was hearing a petition filed by Jeya Ananthan, who was born in Kuttam in Tirunelveli district in 1986.

He was an Indian citizen by birth. His father was doing business in Colombo, Sri Lanka. In 2003, his father fell ill and was unable to manage the business by himself.

The petitioner proceeded to Colombo to assist him. In 2005, the petitioner’s father entrusted the business to the petitioner and returned to India, and died in 2014. The petitioner participated in his father’s final rites. He got married in 2018 and now resides in Colombo with his wife and son, and has acquired Sri Lankan citizenship.

In April 2026, the petitioner came to India along with his wife and son to attend to his mother who underwent a surgical procedure. Then, he found that his name continued to be in the electoral roll. He cast his vote in the Tamil Nadu Assembly election. A criminal case was registered against him. During the course of investigation, his passport, Overseas Citizen of India card and mobile phone were seized. The articles were subsequently returned to him, subject to the condition that he should appear before the competent authority as and when required. The petitioner filed the petition seeking a direction to the authorities to permit him to travel to Colombo.

Justice L. Victoria Gowri said a person claiming Sri Lankan citizenship exercised his voting right in an election here and thereafter sought a direction permitting him to leave India.

The freedom to travel abroad was an important facet of personal liberty. Nevertheless, such freedom was not absolute and might be regulated by a procedure established by law, particularly when the person concerned was facing a criminal investigation, the court said.

Elections constitute the institutional expression of the sovereignty of the people. The sanctity of an electoral roll and the lawful exercise of the franchise are indispensable to the legitimacy of representative government. A foreign national could not claim electoral rights reserved for citizens merely because his/her name continued to remain in the electoral roll, the court said.

Citizenship was not merely a formal entry in a document. It formed the legal bond from which political rights and civic obligations arose. Franchise was among the most solemn of those political rights. Its exercise by a person not qualified under law warranted a fair and effective investigation. At the same time, the investigation must proceed within the bounds of law, respecting the petitioner’s presumption of innocence and personal liberty, the court said and dismissed the petition.

SC awards pension to Mum engineer who forged ST cert

SC awards pension to Mum engineer who forged ST cert

Dhananjay.Mahapatra@timesofindia.com 05.09.2026

New Delhi: Supreme Court has rewarded a wrongdoer, a man who got appointed as a junior civil engineer in Municipal Corporation of Greater Mumbai by producing a forged ST certificate, and subsequently, stalled scrutiny of his eligibility for quota for more than a decade — by allowing him to superanuate in peace with retirement benefits. 

Shirish P Patil got a certificate in 1984 by identifying himself as belonging to the ‘Tokre Koli’ ST community. Based on the certificate, he was appointed a junior civil engineer in MCGM in 1994. He misplaced original ST certificate, but managed to secure a fresh one in Oct 2000. Following scrutiny of the caste certificate, the Police Vigilance Cell traced Patil’s family history and found that his ancestors had been recorded as ‘Koli’, ‘Hindu Koli’ and ‘Hindu Suryawanshi Koli’, none of which belonged to ST category. 

In July 2009, MCGM issued a show cause notice. He successfully dodged proceedings before the Scrutiny Committee until Jan 2020, when the panel rejected his plea that his lawyer and elderly family members were not available, and invalidated the ST certificate. Bombay HC dismissed his appeal. SC, however, stayed Patil’s dismissal through an interim order on Nov 18, 2021. As a result, he continued to serve until June 30, 2025, when he retired after being employed with MCGM for more than three decades based on a forged ST certificate. The SC bench on Thursday upheld the cancellation of Patil’s ST certificate and Bombay HC order. However, it took a lenient view given his undertaking that he or any of his family members “shall (not) be entitled to claim any future benefit on the basis of the invalidated ST certificate”.

HC junks govt plea against increment order to disabled govt employee

HC junks govt plea against increment order to disabled govt employee

Siddharth Pandey & Ashutosh Shuklatnn 04.09.2026

Jabalpur/Bhopal: A division bench of Madhya Pradesh high court refused to interfere with a single-judge bench order, directing the state to grant an increment due to a specially abled govt employee, regardless of her failing to clear a typing test. 

The order came on a writ petition filed by the govt, challenging the single-bench ruling on the contention that the grant of increment in this case may set a precedent for other employees to demand a similar raise in pay without having the requisite qualification. 

Dismissing the state’s contention, the division bench of Justice Vivek Rusia, the acting Chief Justice, and Justice Pavan Kumar Dwivedi, in its August 21 order, said the apprehension of the grant of increment setting an unhealthy precedent was ‘absolutely baseless’, as the case of petitioner Sanju Yadav and 24 more specially abled employees was reconsidered by the govt through an order on April 15, 1999, as a special case for granting compassionate appointment, relaxing all conditions. “Once such sensitivity and compassion was shown at the time of appointment, it is highly improbable on the part of the state government to deny the benefit of increment on account of not passing the typing examination,” the bench ruled. 

The judges noted that the petitioner was ‘highly qualified’, possessing an MSc degree (first division) and a BEd degree from Jiwaji University, adding that with the passage of time, the govt itself has done away with the requirement of passing a typing test, as typewriters have come to be replaced by computers. “We find no merit in the present writ appeal. The same is, accordingly, dismissed,” the bench ruled, junking the plea.

Refusal to leave ailing mom not cruelty: HC

Refusal to leave ailing mom not cruelty: HC 

Partha.Behera@timesofindia.com 02.09.2026

Raipur: A husband’s refusal to move away from his old and ailing mother cannot, by itself, be treated as cruelty towards his wife, Chhattisgarh HC ruled Monday, observing that marriage does not extinguish a person’s responsibilities towards parents. Justice Naresh Kumar Chandravanshi allowed an appeal filed by a man seeking a divorce from his wife, set aside the trial court’s order dismissing his divorce petition, and dissolved the marriage. The HC noted the wife’s insistence that her husband shift to a different house and held that the demand for a separate matrimonial home could not invariably be characterised as cruelty, as a spouse may have legitimate reasons for seeking independent accommodation. What had to be examined was whether such insistence was justified in the circumstances or amounted to an unreasonable attempt to compel the husband to sever or alter his relationship with his parents, the court observed. In this case, the husband’s mother was “very old and ailing”. The husband’s contention that he was unwilling to distance himself from his mother was “neither unnatural nor unreasonable”, the HC noted. Instead, it reflected a legitimate familial obligation that he was entitled to consider while deciding where to live. The HC further stressed that a matrimonial relationship did not give either spouse an unfettered right to compel the other to renounce or abandon pre-existing familial responsibilities. “Marriage creates a new family, but it does not, by itself, extinguish the moral and legal responsibilities which a person may owe towards aged or infirm parents,” the court stated.

Maternity leave can’t cost job or promotion on return, says HC

Maternity leave can’t cost job or promotion on return, says HC

Abhinav.Garg@timesofindia.com 02.09.2026

New Delhi: Noting that maternity leave can’t cost a woman her job or promotion on return, Delhi High Court has held that statutory protection extends to her duties, functional status, reporting hierarchy, supervisory responsibilities and prospects of appraisal. 

Granting over Rs 10 lakh as compensation to a chartered accountant who was subjected to professional disadvantage on disclosing her pregnancy and returning from maternity leave, the court stressed that protection to women in such cases can’t be reduced to merely retaining their salary and designation. Justice Sachin Datta said Monday that a woman returning from maternity leave is entitled to be restored to the post she held immediately before going on leave. 

“Motherhood cannot be permitted to become a basis for unequal treatment or professional disadvantage,” it said. “Where a woman employee is placed at a disadvantage, deprived of professional growth, denied promotion, stripped of responsibilities, or otherwise subjected to adverse employment consequences solely on account of pregnancy or maternity leave, the resulting action is not merely contrary to the spirit of Maternity Benefit Act but is also manifestly arbitrary and offensive to the guarantee of equality under Article 14.” 

It stressed that permitting an employer to maintain an employee’s salary and designation while stripping her of meaningful responsibilities, authority or career prospects would allow the employer to achieve indirectly what the law prohibits directly. The petitioner said she had around 14 years of professional experience and was appointed as manager, accounting, when she proceeded on leave in Dec 2023. 

On her return in July 2024, she was told that her original position was no longer available and allotted substantially inferior work. The employer claimed that her designation, level, salary and seniority remained unchanged and she was assigned investment accounting and currency revaluation functions at the same managerial level following organisational restructuring. HC stressed that protections under Maternity Benefit Act and Code on Social Security, 2020, stem from constitutional guarantees even against a private employer. It also asked Centre to  frame rules or schemes, or issue directions, for effective implementation of maternity protections.

Can’t recover excess salary from retd Class III, IV staff: HC Bhopal/Jabalpur:

Can’t recover excess salary from retd Class III, IV staff: HC Bhopal/Jabalpur:

02.09.2026

Recovery of excess salary payments from retired Class III and Class IV govt employees is illegal, Madhya Pradesh HC has held while dismissing a revision petition filed by the state govt against a 2025 order. The case relates to Ramrao Bhimte, who joined the police force as a constable in 1991 and retired as a sub-inspector after 36 years of service. 

In 2024, seven years after his retirement, the Bhopal DIG ordered the recovery of Rs 10,87,192 from his pension on the grounds of “erroneous payment of ad hoc increase in the salary during his service period”. The division bench of acting Chief Justice Vivek Rusia and Justice Pradeep Mittal, in its Aug 25 order, referred to a 2015 SC judgement in which the apex court had held that there should be no recovery from Grade C and Grade D employees after retirement. tnn

Four attempts for MBBS cover supplementary exams: court

Four attempts for MBBS cover supplementary exams: court

The Hindu Bureau

KOCHI. 31.08.2026

Both regular and supplementary examinations count towards the “four attempts within four years” rule for clearing the First Professional MBBS Degree examination, the Kerala High Court recently held.

Justice Bechu Kurian Thomas found that a candidate could avail of only four attempts, whether regular or supplementary exams, and no further opportunity could be granted once those attempts had been exhausted. This was evident from the Graduate Medical Education Regulation, 2023, and the guidelines prescribed by the National Medical Commission (NMC), the court stated.

The court said regulations framed by academic bodies should not be subjected to casual judicial interference, especially when the issue concerned medical students, whose competence affects public health and safety.

The petitioner, a first-year medical student from Kollam, contended that the four attempts prescribed in the rules must be interpreted as regular exams and should not include supplementary exams. She had not cleared the course, having failed in three subjects and used up all four attempts.

She had sought directions to write the next First Professional MBBS Degree examination, either as a mercy chance or as a chance available to her within the four years.

The State government, Kerala University of Health Sciences, UGC, and NMC opposed granting any leniency based on the regulations.

Petitioner in Kerala had contended that the four attempts prescribed in rules must be interpreted as regular exams

Can’t deny compassionate job to younger son if elder brother is ineligible: HC

Can’t deny compassionate job to younger son if elder brother is ineligible: HC

Siddharth Pandey & Ashutosh Shukla tnn 

Jabalpur/Bhopal: Denying a job to a person on compassionate grounds just because his elder sibling was found ineligible for it is illogical, a division bench of Madhya Pradesh High Court ruled, upholding a single bench order asking MP Discom to consider the application for compassionate appointment by the younger son of an assistant lineman who died during his service tenure in 2016. 

The single bench had directed MP Discom to grant the application in line with the policy for compassionate employment as it existed then. The company moved the division bench challenging single bench order on the plea. At a hearing on its petition on Aug 20, the division bench directed MP Discom not to reject the plea of the younger son of the departed employee, as it had done in his elder brother’s case. The company had turned down the latter’s application for employment on compassionate grounds, saying he wasn’t qualified enough to be considered for a Class IV job. The bench of acting Chief Justice Vivek Rusia and Justice Pradeep Mittal said, 

“The earlier rejection of the application submitted by the respondent’s elder brother, by itself, cannot be a ground to reject the respondent’s claim, particularly when the respondent is seeking consideration as another eligible dependent of the same deceased employee and the family seeks only one compassionate appointment.”

Issue circular on duties of doctors acting as witnesses: HC

Issue circular on duties of doctors acting as witnesses: HC

The medical professionals appearing as expert witnesses must exercise a high degree of care, said the court.

The Hindu Bureau

MADURAI. 20.08.2026

The Madurai Bench of the Madras High Court on Wednesday directed the Health Secretary and the Director of Medical Education and Research to issue a circular/guidelines comprehensively dealing with duties and responsibilities of government medical professionals while acting as expert witnesses before courts.

Justice B. Pugalendhi said the privilege of assisting the court carried with it a corresponding responsibility to provide objective, accurate and consistent testimony. Even an inadvertent lapse by the medical expert while testifying created confusion, prolonged judicial proceedings and affected the rights of either the victim or the accused.

Therefore, the medical professionals appearing before courts as expert witnesses must exercise a high degree of care. Equally important was the duty to carefully read and verify the deposition before affixing their signature, the court said.

The duty to assist the court was an integral part of their professional obligations. It was not a matter of discretion or favour, but a statutory and professional duty, it said.

The court directed that the comprehensive circular/guidelines be issued to all government medical colleges, government hospitals, district headquarters hospitals, primary health centres and other government health care institutions.

It said the instructions should include the ethical standards expected of every expert witness.

It was necessary to ensure that Accident Registers, Wound Certificates, Medico-Legal Reports and all other medico-legal records accurately recorded the clinical findings and professional opinion formed at the time of examination in a legible and unambiguous manner.

Such records might be generated in a typed or computer-generated format for easy comprehension by investigating agencies, prosecutors, defence counsel and courts.

There was a necessity to prepare revised proforma for Medico-Legal Examination of Survivors/ Victims of Sexual Violence, issued by the Ministry of Health and Family Welfare, in cases involving sexual violence, including POCSO Act cases. The medical professionals should familiarise themselves with relevant medical records before entering witness box and depose.

The court stressed the need to understand every question during examination and cross-examination; to seek clarification before answering if there was ambiguity; to carefully read and verify the deposition before signing it; and to immediately bring to the notice of the court any omission or inadvertent error noticed therein.

The efficacy of the justice delivery system depended, to a considerable extent, upon the credibility of expert evidence. It was, therefore, imperative that every medical professional entrusted with this responsibility discharged it with the highest standards of competence, objectivity and professional integrity, the court said.

Can BCI halt enrolment of an entire graduating batch?

Can BCI halt enrolment of an entire graduating batch?

Manan Kumar Mishra

Rizmi Lia M.

Chennai. 15.08.2026

On Thursday, Bar Council of India (BCI) chairman Manan Kumar Mishra, in a letter, directed all State Bar Councils not to enrol any 2026 batch graduate of the National Academy of Legal Studies and Research (NALSAR) until further orders.

The direction came amid an inquiry into a campaign by some students opposing Chief Justice of India Surya Kant’s participation in the NALSAR’s convocation. The BCI chairman sought a factual report from the NALSAR identifying those who initiated, organised, coordinated or mobilised the campaign.

Hours later, the BCI Council modified the direction and said all NALSAR graduates of the 2026 batch could enrol with the State Bar Council of their choice.

This raises questions about the statutory powers of the BCI, the authority of its chairman and whether an entire graduating batch can be subjected to an enrolment restriction over the alleged conduct of some students.

What powers does the BCI have over State Bar Councils?

The Advocates Act, 1961, gives the BCI general supervision and control over State Bar Councils under Section 7(1)(g). Section 48B further permits the BCI, in exercise of this power, to give directions to State Bar Councils or any committee thereof as may appear to it to be necessary. Rule 15 of the BCI Rules provides that, subject to resolutions of the BCI, the chairman exercises general control and supervision over the affairs of the BCI. Rule 18 allows the chairman to pass interim orders in revisional and other matters arising from the BCI’s supervisory jurisdiction.

“The blanket direction stopping the entire 2026 NALSAR batch from enrolling has no statutory basis. Enrolment is primarily the statutory function of the State Bar Councils under the Advocates Act, and there appears to be no specific provision empowering the BCI chairman, acting individually, to suspend the enrolment of an entire batch,” said advocate Manoj Kumar N., a member of the BCI and Bar Council of Kerala.

What does the law say about enrolment?

Section 6(1)(a) entrusts State Bar Councils with admitting persons as advocates on their rolls. Section 24 sets out qualifications for enrolment, while Section 24A provides for certain disqualifications. Sections 25 and 26 deal with the authority and procedure for admission.

“No blanket restrictions can be imposed by the BCI. Every application has to be dealt with independently and if they meet the statutory requirements, they are entitled to be enrolled,” said advocate Yeshwanth Shenoy, member of the Bar Council of Kerala.

Mr. Kumar said the BCI may inquire into individual conduct, but collective punishment cannot ordinarily be imposed on an entire batch for the alleged acts of a few. Pre-enrolment conduct, he said, may become relevant when it attracts a statutory disqualification or affects eligibility but mere expression of an opinion or peaceful protest cannot by itself justify denial of enrolment.

What have courts said?

In Indian Council of Legal Aid & Advice v. Bar Council of India (1995), the Supreme Court struck down a BCI rule barring persons above 45 from enrolment. It held that the BCI could not use its rule-making power under Section 49 to create an additional disqualification not provided for by the Advocates Act.

The court held that substantive questions of enrolment fall within the domain of State Bar Councils, observing that it was “within the exclusive domain of the State Bar Councils” to admit persons to their rolls or remove their names.

What happens now?

The BCI subsequently withdrew the blanket restriction and allowed the NALSAR’s 2026 graduates to enrol with the State Bar Council of their choice. “With the blanket restriction now withdrawn, NALSAR’s 2026 graduates are presently entitled to seek enrolment in the ordinary course,” Mr. Kumar said. He added that any disqualification would have to be based on the Advocates Act and the rules governing enrolment.