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

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.

CJI, Nalsar students have one query for BCI: ‘Who are you?’ It Is Between Me And Them, Says Surya Kant

CJI, Nalsar students have one query for BCI: ‘Who are you?’ It Is Between Me And Them, Says Surya Kant 

Dhananjay.Mahapatra@timesofindia.com 15.08.2026

New Delhi: Supreme Court on Friday castigated Bar Council of India (BCI) for threatening to deny licence to practice to Hyderabad-based NALSAR university students who opposed CJI Surya Kant as their convocation chief guest, shielded them against coercive action and offered the law graduates a start as legal aid counsel in SC. 

Taking cognizance of the controversy created late last evening by BCI through an unprecedented letter which had to be hastily retracted, a three-judge bench led by CJI Surya Kant said, “This is absolutely uncalled for. BCI has nothing to do with it. The students might have written a letter to me. It is a dialogue between me and students. Who are they (BCI) to unnecessarily create an issue? This action is totally uncalled for.” Senior advocate K Parameshwar sought SC’s urgent intervention in quashing the illegal and arbitrary action of the BCI in seeking to coerce VC of NALSAR University, one of the top law schools, to conduct an investigation and identify students who had opposed CJI’s participation in the convocation as chief guest and issuing the now-withdrawn threat that those identified would be denied registration for licence to practice by all state bar councils.

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.

Short On Attendance, Full Degree: BCI Opens Door To Legal Practice

Short On Attendance, Full Degree: BCI Opens Door To Legal Practice 

Offers Relaxation For 2025-26 Batch Of Law Grads Covered By SC’s Order

Sugandha.Jha1@timesofindia.com 

New Delhi: A cohort of law graduates across the country from the 2025-26 academic session, caught in an attendance limbo that prevented them from becoming advocates despite having a law degree in hand, can now cross the hurdle, as Bar Council of India (BCI) has created an alternative route for them to complete their enrolment as advocates. 

So far, in order to enrol, the graduates were required to submit an attendance-cum-character certificate. But having been allowed to complete their courses as a one-time measure despite falling short of the prescribed attendance, the students could not be issued certificates by their colleges stating they had fulfilled the attendance requirement. In effect, even though the students had a law degree, they lacked the document needed to enter the profession. This left many educational institutes in a peculiar bind: issuing a certificate showing the required attendance would mean certifying something that was not true. 

Following representations, including from Delhi University’s Law Centre-I Students’ Union, BCI issued a notice on Aug 12 directing all universities imparting law education and state bar councils to issue alternative attendance-cum-character certificates to the affected students without modifying their actual attendance records. 

“Historical attendance records shall not be altered, rewritten or deemed regular,” the notice stated. The certificate will only certify that the student falls within the protected category, as per Supreme Court’s order, and has lawfully completed the course. The alternative certification is intended only “to identify the candidate as falling within the protected class and to confirm lawful completion of the recognised LLB programme,” it read. 

The issue stems from Delhi High Court’s Nov 3, 2025 judgment in the Sushant Rohilla case, which directed that students should not be stopped from taking examinations or progressing solely because of attendance shortage. SC subsequently stayed the relevant direction prospectively on May 26, 2026 and, on July 21, granted one-time protection to students whose academic sessions were underway when the HC judgment was delivered. This meant that students who had fallen short of attendance during this period were allowed to appear for and complete their examinations, but after obtaining their degrees, these students faced a fresh hurdle as they could not produce the mandatory attendance certificate required for enrolment as advocates. BCI said the one-time protection “cannot reasonably be divided into two inconsistent stages” — where the attendance shortage is disregarded for completion of the law degree but revived immediately thereafter to deny entry into the profession. 

It said state bar councils may process applications of eligible candidates “without insisting upon an attendance certificate certifying the ordinarily prescribed percentage of attendance”, where the deficiency relates to the protected academic session. The arrangement is strictly one-time and will apply uniformly to similarly situated candidates across India. It will not constitute a relaxation of attendance requirements for future batches, BCI’s notice stated.

Can’t alter patta sans valid title, officials duty bound to rectify anomalies, says Madras HC

 Can’t alter patta sans valid title, officials duty bound to rectify anomalies, says Madras HC

10.08.2026

The petitioner contended that his father inherited 1.83 acres of land in Kannamangalam village by a partition deed in 1971. Since then, the property has been in the possession and enjoyment of his father.

Madras High Court (Photo | Express)

Express News Service

Updated on:

07 Aug 2026, 8:52 am

CHENNAI: When a patta is altered or mutated based on an error, misrepresentation, or without a valid source of title, the revenue official is duty bound, under the Tamil Nadu Patta Pass Book Act, to rectify the anomaly and restore the entries to their original undisputed position, said the Madras High Court.

The observation was made by Justice Krishnan Ramasamy while issuing orders on a petition filed by S Vasudevan of Vellore to remove the names of three of his relatives from the patta for his inherited land since such names were entered without valid title rights.

The petitioner contended that his father inherited 1.83 acres of land in Kannamangalam village by a partition deed in 1971. Since then, the property has been in the possession and enjoyment of his father. The property was settled to him and his siblings, and he later settled his share to his children by a deed in 2012.

When he came to know that his relatives K Gunasekaran, K Rajan and K Kannan, of Kannamangalam village in Arni taluk, obtained patta without a valid title over the property in 2018, he approached the Arni tahsildar for removing their names from the patta. The tahsildar disposed of his representation by asking him to approach the civil court. Aggrieved over this, he approached the high court.

Referring to the claim of these three people that they inherited the land in question through an oral partition deed, the judge said the parties claiming a right outside the registered deed must approach the civil court to prove their title.

He ordered cancellation of the patta issued to the three and to restore the original patta in the name of the petitioner. However, the aggrieved are free to seek remedy before the civil court, the order added.

Bar Council of India directive: Maharashtra orders inspection of law colleges in 6 weeks

Bar Council of India directive: Maharashtra orders inspection of law colleges in 6 weeks

Aug 5, 2026, 11.22 PM IST

Mumbai: State govt has directed all public universities to carry out an immediate and in-depth physical inspection of every law college affiliated to them and submit a detailed report to Bar Council of India (BCI) within six weeks. The state’s directive follows BCI’s order which took serious cognisance of Supreme Court’s oral observations while hearing a petition regarding the deteriorating quality of legal education in the country. The apex court observed that the legal education centres were operating with inadequate facilities and without meeting the prescribed standards.

In a letter to the universities, BCI mentioned that the SC observations “underscore the immediate need for every authority in the statutory and academic chain to discharge its own continuing responsibility with complete seriousness”. Mentioning that the universities’ responsibilities do not end with the initial grant of affiliation and that they should ensure that colleges do not merely run on the strength of paper compliance, it has sought a report on every affiliated college within six weeks.

Universities have been directed to constitute one or more competent inspection teams to carry out immediate physical inspection of law colleges. The teams have been tasked with verifying the availability of faculty members, adequate classrooms, libraries, reading rooms, journals, law reports, electronic databases, land and building infrastructure, fire and safety compliance, sanitation facilities, legal aid clinics, and other essential requirements. They have also been instructed to notify BCI of any colleges found to have made false declarations, fabricated faculty records, submitted misleading photographs, shifted their premises without approval, or admitted students in excess of the permitted intake.

BCI has directed the universities to submit a consolidated report by classifying institutions as fully compliant, deficient but capable of immediate correction without affecting academic standards and seriously deficient requiring suspension, non-renewal or withdrawal of affiliation.

Prior to this, state govt and Mumbai University had initiated separate action against colleges that failed to comply with the prescribed norms. While the state took action against 103 colleges that did not have BCI recognition, the university reduced the intake capacity of 50 colleges by up to 50% and imposed fines of up to Rs 10 lakh for failing to appoint approved teachers.

Long hours hurting resident docs’ mental health, NMC tells SC

Long hours hurting resident docs’ mental health, NMC tells SC

TNN | Aug 2, 2026, 05.17 AM IST

NEW DELHI: Long and crushing working hours have become a serious challenge for resident doctors, causing them psychological distress and mental health problems. Flagging the issue in an affidavit before Supreme Court, National Medical Commission (NMC) has stressed that reasonable working hours and time for rest are a must for their wellbeing and proper functioning, as well as proper patient care. It, however, expressed its inability to ensure the same, saying the matter falls within the domain of central and state health authorities.

In the affidavit filed in response to a PIL by a group of doctors seeking healthy working conditions, the commission placed the findings of its task force, which had projected a grim picture of what doctors have to endure.

“The demanding schedules, including long and multiple 24-hour duties (sometimes 3-5 consecutive duties), were significant stressors for most post graduate doctors. These extended hours without adequate rest led to physical and mental exhaustion, negatively impacting their performance and health,” commission said, referring to the report.

Doctors’ organisation ‘United Doctors Front’ had approached the court demanding healthy working conditions, pointing out that cases of doctors’ suicides are on the rise and claiming that 150 such cases have been reported in five years.

Retired Employee Can't Claim Pay Arrears Beyond 3 Years, But Entitled To Notional Pay Fixation For Pension:

Retired Employee Can't Claim Pay Arrears Beyond 3 Years, But Entitled To Notional Pay Fixation For Pension: 

MP High Court Jayanti Pahwa 

3 Aug 2026 5:45 PM 

The Madhya Pradesh High Court has held that a retired employee cannot claim monetary arrears beyond the preceding three years, and in the case of a retired employee, the doctrine of recurring cause of action cannot be invoked to claim past salary benefits indefinitely. [2026 LiveLaw (MP) 309] 

The bench of Justice Deepak Khot observed that such an employee would be at best entitled to notional pay fixation for the purposes of recalculating pensionary benefits. 

Also Read - Punishment Of Dismissal From Service Can Be Imposed After Retirement If Departmental Enquiry Began Before Superannuation: 

MP High Court "From a bare reading of the provision of law, it is clear that an employee is entitled to seek monetary benefits only for the preceding three years and not beyond that. The analogy of a recurring cause of action will come into play only when the petitioner is to be benefited by the grant of such monetary benefits in present and future. 

Since the petitioner has already retired, he is not entitled to arrears on the basis of the pay scale that has accrued to him on the basis of identical matters. At the most, the petitioner can be granted the benefit of notional fixation for the purpose of pensionary benefits". 

Also Read - LiveLaw Madhya Pradesh High Court Weekly Roundup: July 27 to August 2, 2026 

The petitioner was appointed as Timekeeper in the Work-Charged and Contingency Paid Establishment under the Water Resources Department and rendered service of 40 years before retiring on August 31, 2013. During his service, he was granted the applicable pay scales. Subsequently, the High Court in AL Thakur v State of Madhya Pradesh [Writ Petition No.16054/2003] had directed the State to extend the higher revised pay scales to similarly situated employees. The respondents implemented that judgment in respect of several eligible employees. 

MP High Court Claiming parity with those employees, the petitioner sought the same benefit. However, his claim was rejected by the authorities. The petitioner then approached the High Court by order of March 6, 2017, directing the respondents to examine his claim and grant benefit if his case was fully covered by AL Thakur. When no decision was taken despite the Court's order, the petitioner initiated contempt proceedings. The contempt petition was eventually disposed of after the State informed the Court that the earlier order was complied with. 

 Since his grievance remained unresolved, the petitioner again approached the High Court through a writ petition pursuant to which the respondents were directed to pass a reasoned order. Thereafter, by order of March 19, 2019, the respondents once again rejected his claim for parity with similarly situated employees. Challenging this order, the petitioner contended that it was arbitrary, discriminatory and contrary to the Court's order in AL Thakur. The counsel for the respondent argued that the petitioner had filed the petition seeking monetary benefits in 2019 after five years of retirement on August 31, 2013. Referring to the case of State of Orissa v Mamata Mohanty [2011 (3) SCC 436], the court noted that people cannot seek advantage after sitting on the fence while the matter is being pursued before the courts, and after receiving a favourable order, approach the court seeking similar benefits. The bench also relied on Article 7 of the Schedule of the Limitation Act, which prescribed that the period of limitation for recovery of money or salary is three years from the date when it became due. 

However, the court also noted that no period of limitation is provided for filing a writ petition under Article 226 of the Constitution. Thus, the bench directed, "Therefore, the petition is partly allowed and the impugned order dated 19.03.2019 (Annexure-P/5) is hereby quashed. Insofar as the arrears of the monetary benefits of the pay scale, which could have been granted or were denied during the petitioner's service prior to his retirement, are concerned, the petitioner shall be entitled only to notional fixation for the purpose of pension". Case Title: Ashok Kumar Saxena v State of Madhya Pradesh, WP-14178-2019 Citation: 2026 LiveLaw (MP) 309 For Petitioner: Advocate Rahul Patel For State: Advocate Shraddha Tiwari

https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-retired-employee-cannot-seek-arrears-beyond-the-period-of-three-years-limitation-act-544126

HC asks Ishari K. Ganesh to produce order closing bribery case against him, ex-Minister

HC asks Ishari K. Ganesh to produce order closing bribery case against him, ex-Minister

The issue relates to a 2022 suo motu First Information Report of the DVAC regarding the corruption in issuing ‘essentiality certificate’ to Vels Medical College, which was under construction then. It also accused former Minister C. Vijayabaskar of inducing an inspection team to submit a false report

The court was also told that the DVAC had recommended only departmental action against the four government doctors who were part of the inspection team.

Mohamed Imranullah S.

CHENNAI. 06.07.2026

The Madras High Court has granted a final opportunity, till July 13, to educationist, film producer and actor Ishari K. Ganesh to produce an order passed either by the State government or the Vigilance Commission in 2024 accepting the decision of the Directorate of Vigilance and Anti-Corruption (DVAC) to close a corruption case registered against him and former AIADMK Minister C. Vijayabaskar (now in the TVK) in 2022.

The First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan made it clear that Mr. Ganesh should produce within a week either the executive order accepting the DVAC’s closure report or a judicial order quashing the 2022 First Information Report (FIR) registered against him, failing which his present plea to quash an Enforcement Case Information Report (ECIR) shall be dismissed.

P. Sidharthan, Special Public Prosecutor for the Directorate of Enforcement (ED), brought it to the notice of the court that the DVAC had registered the FIR against Dr. Vijayabaskar; Mr. Ganesh; the Dean of Vels Medical College and Hospital in Tiruvallur district, K. Srinivasaraja; and four government doctors, R. Balajinathan, T.M. Manohar, J. Sujatha, and J.A. Vasanthakumar, on September 12, 2022.

The FIR was booked suo motu on the basis of intelligence collected by the DVAC that Mr. Ganesh of Vels Institute of Science, Technology and Advanced Studies (VISTAS), a deemed-to-be university, had in 2020 allegedly bribed the then Health Minister, Dr. Vijayabaskar, to obtain ‘essentiality certificate’ for the newly constructed Vels Medical College so that it could begin admitting 150 students to the MBBS course.

Under the Minimum Requirements for Annual M.B.B.S Admissions Regulations, 2020, the ‘essentiality certificate’ could be issued only if a private hospital had been in existence for a minimum of two years and was capable of being developed into a teaching hospital with a fully functional capacity of 300 beds. However, Vels Medical College was issued an ‘essentiality certificate’ even when its buildings were under construction, the FIR read.

It also accused Dr. Vijayabaskar of having induced the inspection team, comprising four doctors from the Government Mohan Kumaramangalam Medical College Hospital, to submit a false report. “The field verification report of the Assistant Director of Town and Country Planning, Tiruvallur, dated June 11, 2020, for building approval clearly proves that the buildings were under construction during the said period,” the FIR added.

However, when one of the accused, Dr. Balajinathan, filed a petition in the High Court in 2025 to quash the FIR only with respect to the charges levelled against him, the DVAC filed a counter-affidavit stating that it had closed the case against Dr. Vijayabaskar, Mr. Ganesh and Dr. Srinivasaraja since no incriminating evidence could be collected against the three individuals during the course of investigation.

DVAC report

The counter-affidavit also stated that the Vigilance Commission had accepted the report submitted by the DVAC to drop action against all the accused and forwarded it to the Public Department for passing orders. Further, the Vigilance Commission itself had issued an order on June 25, 2024, dropping action against Mr. Ganesh and Dr. Srinivasaraja since they were private individuals and not public servants.

The court was also told that the DVAC had recommended only departmental action against the four government doctors for the alleged lapses on their part during the inspection of the medical college. After recording the submissions, Justice Shamim Ahmed had on January 30, 2025 quashed all further proceedings initiated pursuant to the registration of the FIR against Dr. Balajinathan.

Relying upon that order, Mr. Ganesh had filed the present writ petition for quashing the ECIR registered against him by the ED, under the Prevention of Money Laundering Act of 2002, on March 23, 2023. The ECIR had been booked based on the FIR registered by the DVAC under the Prevention of Corruption Act, 1988. Since the FIR had been closed, the ECIR should also be declared illegal, he contended.

However, when the Chief Justice’s Bench insisted upon production of either an executive order or a judicial order on the closure of the predicate offence, the petitioner had been seeking time periodically since March 18, 2026. Hence, the judges on Friday granted him a final opportunity and warned that his plea to quash the ECIR would be dismissed if no such order was produced by July 13.

State can’t undo 33-year-old appointment: Gujarat High Court

State can’t undo 33-year-old appointment: Gujarat High Court

July 5, 2026, 01.02 AM IST

Ahmedabad: 05.07.2026

The Gujarat HighCourt has quashed a state govt order cancelling an appointment of a teacher 33 years after he was given the job and some 17 years after his death, and stopping the pension being given to his widow.

In this case, Harshad Bhavsar, along with five others, was appointed as a teacher in its school by Sugyan Education Trust in 1988. After ascertaining he got requisite qualification for the post, his appointment was regularised by the district education officer in 1989. After serving for 16 years, Bhavsar died in 2004. The education department began paying family pension to Bhavsar’s widow, Manorama.

In 2021, the director of schools cancelled the appointment of six teachers and a librarian of the school, including that of Bhavsar, withdrew grant benefits, cancelled employee numbers and stopped salary payments under the Direct Salary Scheme.

The govt action was initiated following a complaint made in 2015 by the husband of then school principal, alleging that the appointments had been made in violation of recruitment rules. The govt cancelled the appointments on the grounds that they were based on forged documents, made without obtaining a no-objection certificate, without publishing advertisements and without seeking names from the employment exchange, causing a financial loss of over Rs 6 crore to the exchequer.

The school trust and the affected employees, including Bhavsar’s widow, challenged the order before HC in 2021. A single-judge bench quashed the govt’s s decision, ruling that appointments could not be cancelled after more than three decades.

However, the state govt appealed appealed against the order regarding the revocation of Bhavsar’s appointment.

Dismissing the appeal, a division bench of N S Sanjay Gowda and Justice J L Odedra said, “If an appointment was made in the year 1988, was regularised in 1989, the same cannot be subjected to a challenge or could be doubted by the state nearly 33 years after the appointment was made.”

The bench further said, “The state, after granting a family pension to the widow of the employee, is now doubting the very appointment itself, which its own officials had regularised. The learned single judge, in our view, has rightly quashed the order of cancellation and held that the state could not exercise its powers to cancel the appointment at such a belated stage.”

We need doctors in this country’: SC dismisses plea seeking cap on private medical college fees

We need doctors in this country’: SC dismisses plea seeking cap on private medical college fees

Court upholds Rajasthan HC order, refuses directions on fee regulation despite concerns over affordability for EWS candidates.

Petitioner argued annual fees of up to ₹25 lakh undermine EWS reservation benefits; court says issue falls within regulators’ domain.(File Photo | ANI)

Suchitra Kalyan Mohanty

Updated on:

25 Jun 2026, 7:56 am

NEW DELHI: The Supreme Court on Wednesday refused to interfere with the fee structure of the private medical colleges in Rajasthan, observing that “we need doctors in this country” while dismissing a petition that called the charges exorbitant.

A bench of Justices B V Nagarathna and Joymalya Bagchi heard a Special Leave Petition (SLP) challenging a Rajasthan High Court order. The HC had earlier rejected a plea by a medical aspirant claiming annual tuition fees in private colleges range from `18.90 lakh to `25 lakh, which, he said, was inconsistent with the `8 lakh income cap for EWS reservation.

“We need doctors in this country,” said the top court while refusing to entertain a plea which alleged that the fee structure in private medical colleges in Rajasthan was exorbitant.

The counsel argued that high fees made MBBS unaffordable for EWS candidates despite quotas and urged the court to direct the state and Centre to cap fees at affordable levels.

The bench, however, declined to step in and refused to pass any order on the plea. “Medical education requires infrastructure, faculty, and equipment. Fee fixation is a policy decision for regulators,” it said while dismissing the plea.

Noting that fee regulation falls within the domain of the state authorities and bodies like the Medical Council, the SC clarified that judicial interference is warranted only if there is manifest illegality or arbitrariness, which was not shown here in this present case. “One person cannot say that it is exorbitant in private institutions and make it on par with government institutions,” the bench observed.

The bench observed that one has the option to avail a scholarship. “We need doctors in this country,” it said. “We don’t find any reason to interfere with the impugned order passed by the high court. The special leave petition is dismissed. Question of law, if any, is kept open,” the bench said.

With this, the SC upheld the High Court’s order. No directions were issued to the Centre, Rajasthan government, or MCI/NMC on fee caps.

The petitioner is a general category candidate, who possesses an EWS certificate. He felt aggrieved that the counseling board allocated him a seat in a private college despite he giving preference for 73 colleges.

He argued that EWS students were charged the same fee as other general category students, thus making medical education unaffordable to the EWS students. He also relied on a National Medical Commission notice, which stated that 50 per cent of seats in private colleges should be at par with government colleges.