NEET-UG 2021 : Supreme Court Rejects Plea To Seek Report On Probe Into Alleged Paper Leak & Malpractices

NEET-UG 2021 : Supreme Court Rejects Plea To Seek Report On Probe Into Alleged Paper Leak & Malpractices

Shruti Kakkar

20 Oct 2021 11:41 AM

The bench observed that any interference by the Court will create confusion and doubts about the exam and will be detrimental to the large number of students.

The Supreme Court on Wednesday rejected a prayer to call for a status report on the investigation in FIRs registered in different states over the alleged paper leak and widespread malpractices in the NEET UG 2021 Entrance Examination held on 12th September 2021.

A bench comprising Justices L Nageswara Rao and BR Gavai observed that any interference by the Court will create confusion and doubts about the exam and will be detrimental to the large number of students(Vishwanath Kumar & ors vs National Testing Agency & ors).

Senior Advocate Salman Khurshid, appearing for the petitioners, submitted at the outset that he was not pressing the prayers for cancellation of the exam and conduct of fresh tests in view of the fact that the same prayers were rejected earlier.

Earlier, on October 4, the same bench had dismissed another writ petition seeking the similar relief, observing that cancellation of exam will cause immense prejudice to lakhs of students.

Mr.Khurshid added that he was only pressing the prayer for seeking a report on the investigation in the FIRs registered over the alleged malpractices in the NEET-UG exam.

"If we interfere, it will create a doubt. This will create a lot of confusion, and will be detrimental to a large number of students. Sorry, we don't want to interfere", Justice Rao observed.

Then Khurshid sought for a liberty to approach the Court with similar prayers at a later appropriate stage.

"We don't want to make any observations. If we observe anything, it might be taken out of context and will be understood in a different sense to create confusions", Justice Rao replied.

Following that, Khurshid sought for liberty to withdraw the petition.

Preferred by several NEET UG aspirants, the petition filed through Advocate Mamta Sharma stated that on the date of the NEET UG examination, CBI had registered FIR against 4 accused persons and unknown others, stating that the process of examination was manipulated by using proxy candidates and an exorbitant amount upto 50 lakhs per candidate was charged by coaching centers and solver gangs.

The petitioners had argued that from the bare perusal of the FIR dated 12th September registered by CBI, it was crystal clear that the NEET UG 2021 entrance examination paper was leaked under a criminal conspiracy wherein involvement of renowned coaching centers and paper solver gang has been found.

It was also averred that apart from CBI, multiple FIRs have also been registered by the Police in the State of Rajasthan, Uttar Pradesh, Maharashtra in respect of NEET UG 2021 Entrance Exam Paper leak.

Further it had been argued by the petitioners that the initial investigation had established the fact beyond doubt that the NEET UG 2021 entrance examination was irreversibly vitiated by use of fraudulent means and unfair practices.

The writ petition had urged the Court to cancel the NEET UG 2021 examination held on 12.09.2021 and direct examinations to be conducted afresh.

The plea had also sought directions to the Ministry of Education, National Testing Agency and National Medical Commission to enhance the standard of Security protocols including biometric verification of candidates, use of jammers etc to conduct the examination in a fair and transparent manner.

Furter directions were also sought to the National Testing Agency to submit an affidavit within a week as to why the examination conducted on 12th September 2021 should not be cancelled and a decision be taken to conduct the examination afresh.

The plea had also sought directions to the CBI and Director General of Police of Rajasthan and Uttar Pradesh to submit a fact-finding report before the Supreme Court of India within a week with all relevant information and documents as well as the findings. Further directions have been sought to book and complete the trial as expeditiously as possible so that the guilty can be punished.

Case Title: Vishwanath Kumar & ors vs National Testing Agency & ors| WP(c) 1108/2021.

Study shows how sleeping hours are associated with one’s snacking choices

Study shows how sleeping hours are associated with one’s snacking choices

11.10.2021

A recent study suggests that completing recommended sleeping hours can lead to smarter snacking choices. The study abstract has been published in the Journal of the Academy of Nutrition and Dietetics, and the research will be presented in a poster session on October 18 at the Food and Nutrition Conference and Expo in 2021.

The results suggest that people who miss the recommended seven or more hours of sleep at night may take worse snacks than those who follow closed-eyed guidelines.

The analysis of data on nearly 20,000 American adults showed a link between not meeting sleep recommendations and eating more snack-related carbohydrates, with added sugar, fat and caffeine.

It turns out that the preferred non-meal categories – salty snacks and sweets and non-alcoholic beverages – are the same among adults regardless of sleep habits, but those who get less sleep tend to eat more snack calories in a day in general.

The research also revealed what appears to be a popular American habit that is not affected by how much we sleep: snacking at night.

“At night, we drink our calories and eat a lot of convenience foods,” said Christopher Taylor, professor of medical dietetics at the School of Health and Rehabilitation Sciences at Ohio State University and senior author of the study. “Not only are we not sleeping when we stay up late, but we’re doing all these obesity-related behaviours: lack of physical activity, increased screen time, food choices that we consume as snacks and not as meals. So it creates this greater effect. of meeting or not meeting sleep recommendations,” he added.

The American Academy of Sleep Medicine and Sleep Research Society recommends that adults regularly sleep seven hours or longer at night to promote optimal health. Getting less sleep than recommended is associated with a higher risk of a number of health problems, including weight gain and obesity, diabetes, high blood pressure and heart disease. “We know that lack of sleep is associated with obesity on a larger scale, but it’s all these little behaviours that are rooted around how it happens,” Taylor said.

Researchers analysed data from 19,650 US adults between the ages of 20 and 60 who had participated from 2007 to 2018 in the National Health and Nutrition Examination Survey. The study collected 24-hour diet calls from each participant, but when, all food was consumed – and asking people questions about their average amount of night’s sleep during the work week.

The participants were into those who either made or did not meet sleep recommendations based on whether they reported sleeping seven or more hours or less than seven hours each night. The researchers estimated participants’ snack-related nutritional intake and categorised all snacks into food groups. Three snacking times were determined for the analysis: 2: 00-11: 59 am in the morning, noon-5: 59 pm in the afternoon and 6 pm-1: 59 am for the evening. Statistical analysis showed that almost everyone – 95.5 percent – ate at least one snack a day, and over 50 percent of the snacking calories among all participants came from two broad categories that included sodas and energy drinks and chips, pretzels, cookies and pastries.

Although there are plenty of physiological factors that play into the relationship of sleep to health, Taylor said that changing behaviour by avoiding nocturnal nosh could especially help adults not only meet the sleep guidelines but also improve their diet. ANI

சீரடிக்கு 19 மாதங்களாக நிறுத்தப்பட்டிருந்த விமான சேவை துவக்கம்

சீரடிக்கு 19 மாதங்களாக நிறுத்தப்பட்டிருந்த விமான சேவை துவக்கம்

Added : அக் 10, 2021 23:40

சென்னை-கொரோனா மற்றும் ஊரடங்கால், 19 மாதங்களாக நிறுத்தப்பட்டிருந்த சென்னை - சீரடி விமான சேவை நேற்று மீண்டும் துவங்கியது.

மஹாராஷ்டிர மாநிலம் சீரடி சாய்பாபா கோவில் மிகவும் பிரபலமானது. நாட்டின் பல்வேறு பகுதிகளில் இருந்து, விமானம் வாயிலாக பக்தர்கள் அங்கு செல்கின்றனர்.சென்னையில் இருந்து சீரடிக்கு இரண்டு தனியார் விமான நிறுவனங்கள், தினமும் மூன்று விமானங்களை இயக்கி வந்தன. கொரோனா ஊரடங்கால் 2020 மார்ச்சில் இந்த சேவைகள் நிறுத்தப்பட்டன.கொரோனா முதல் அலை ஓய்ந்த நிலையில், சீரடிக்கு விமான சேவை துவங்கும் என்று எதிர்பார்க்கப்பட்டது.

ஆனால், மஹாராஷ்டிர மாநிலத்தில், கொரோனா குறையாததால் விமான சேவை துவங்கவில்லை.தற்போது, மஹாராஷ்டிராவில் கொரோனா பரவல் வெகுவாக குறைந்துள்ளதால், விமானங்களை இயக்க 'ஸ்பைஸ்ஜெட்' நிறுவனம் முன்வந்தது. அதற்கு, சிவில் விமான போக்குவரத்து துறையும் அனுமதி வழங்கியது.

இதையடுத்து, நேற்று பிற்பகல் 2:45 மணிக்கு, 19 மாதங்களுக்கு பின் 165 பயணியருடன் சீரடிக்கு விமானம் புறப்பட்டது. இரண்டு டோஸ் தடுப்பூசி போட்டதற்கான சான்று, 48 மணி நேரத்துக்கு முன் எடுக்கப்பட்ட கொரோனா பரிசோதனை சான்றுகளை சரிபார்த்த பின், பயணியர் அனுமதிக்கப்பட்டனர்.

முன்னணி இன்ஜி., கல்லுாரிகளில் இடம் இல்லை அண்ணா பல்கலையில் தமிழ் வழியும் நிரம்பியது

முன்னணி இன்ஜி., கல்லுாரிகளில் இடம் இல்லை அண்ணா பல்கலையில் தமிழ் வழியும் நிரம்பியது

Added : அக் 10, 2021 23:39

சென்னை- --இன்ஜினியரிங் மாணவர் சேர்க்கை கவுன்சிலிங்கில், அண்ணா பல்கலை உள்ளிட்ட முன்னணி கல்லுாரிகளில், 99 சதவீத இடங்கள் நிரம்பி விட்டன.

இதுவரை நடந்த கவுன்சிலிங்கில், 31 ஆயிரம் பேர் சேர்ந்துள்ளனர். அண்ணா பல்கலை இணைப்பில் உள்ள, ௪௪௦ இன்ஜினியரிங் கல்லுாரிகளில், முதலாம் ஆண்டு பி.இ., - பி.டெக்., படிப்பில், மாணவர்களை சேர்ப்பதற்கான கவுன்சிலிங் நடந்து வருகிறது. இதில், அரசு பள்ளி மாணவர்கள், விளையாட்டு பிரிவினர், மாற்றுத் திறனாளிகள், முன்னாள் ராணுவ வீரர்களுக்கான சிறப்பு ஒதுக்கீட்டில், முதற்கட்டமாக இடங்கள் ஒதுக்கப்பட்டன.

இதையடுத்து, பொது பாடப்பிரிவு மற்றும் தொழிற்கல்வி மாணவர்களுக்கு, செப்., 27ல்கவுன்சிலிங் துவங்கியது. இதுவரை இரண்டு சுற்று கவுன்சிலிங் முடிந்துள்ளது. முதல் சுற்றில், 11 ஆயிரத்து 224 பேர் இடங்களை தேர்வு செய்தனர். நேற்று முன்தினம் முடிந்த இரண்டாம் சுற்றில், 20 ஆயிரத்து 438 பேருக்கு இடங்கள் ஒதுக்கப்பட்டன. இதுவரை, 31 ஆயிரத்து 662 மாணவர்களுக்கு சேர்க்கை வழங்கப்பட்டுள்ளது.இரண்டாம் சுற்று கவுன்சிலிங்கின் முடிவில், அண்ணா பல்கலையின் மூன்று கல்லுாரிகள் உட்பட பெரும்பாலான முன்னணி கல்லுாரிகளில், 99 சதவீத இடங்கள் நிரம்பியுள்ளன.

வழக்கமாக அண்ணா பல்கலையின் தமிழ் வழி பிரிவில், சில இடங்கள் காலியாக இருக்கும். இந்த முறை தமிழ் வழி இடங்களும் நிரம்பியுள்ளன.3ம் சுற்றுக்கு இன்று உத்தேச ஒதுக்கீடு மூன்றாம் சுற்றில் பங்கேற்கும் மாணவர்களுக்கு, இன்று உத்தேச ஒதுக்கீடு வழங்கப்படுகிறது. நாளை மாலை 5:00 மணிக்குள் இந்த ஒதுக்கீட்டை மாணவர்கள் உறுதி செய்ய வேண்டும். நாளை மறுதினம் ஒதுக்கீட்டு ஆணை வழங்கப்படும். நான்காம் சுற்று மாணவர்களுக்கு, நாளையுடன் கவுன்சிலிங் வைப்பு தொகை செலுத்தும் அவகாசம் முடிகிறது. நாளை மறுதினம் முதல் கல்லுாரி மற்றும் பாடப் பிரிவுகளுக்கான விருப்ப பதிவு கவுன்சிலிங் துவங்க உள்ளது.

'மாஜி' துணைவேந்தர் சுரப்பா மீதான புகார் விசாரணை அறிக்கை வெளியிட கோரிக்கை

'மாஜி' துணைவேந்தர் சுரப்பா மீதான புகார் விசாரணை அறிக்கை வெளியிட கோரிக்கை

Added : அக் 10, 2021 23:33

சென்னை- --'அண்ணா பல்கலை முன்னாள் துணைவேந்தர் சுரப்பா மீதான விசாரணை அறிக்கையை, தமிழக அரசு வெளியிட வேண்டும்' என்ற கோரிக்கை எழுந்துள்ளது.

தமிழக அரசின் முக்கிய தொழில்நுட்ப கல்வி நிறுவனமாக அண்ணா பல்கலை செயல்பட்டு வருகிறது. இதில், துணைவேந்தர் மற்றும் பேராசிரியர்கள் நியமனங்கள், பதவி உயர்வு உள்ளிட்டவற்றில் புகார்கள் எழுவது வழக்கம்.தற்போதைய துணைவேந்தர் வேல்ராஜ், புதிதாக பேராசிரியர்கள் நியமனங்களை மேற்கொள்ள நடவடிக்கை மேற்கொண்டுள்ளார்.

அவருக்கு முன், பல்கலை துணை வேந்தராக கர்நாடக மாநிலத்தை சேர்ந்த பேராசிரியர் சுரப்பா பதவி வகித்தார். அவரது நிர்வாக சீரமைப்பு பணிகள் பல்வேறு விமர்சனத்துக்கு உள்ளாயின. தி.மு.க., உள்ளிட்ட கட்சிகள், சுரப்பாவின் நடவடிக்கைகளுக்கு எதிர்ப்பு தெரிவித்தன. அத்துடன், சுரப்பாவின் நிர்வாகத்தில், 200 கோடி ரூபாய் ஊழல் நடந்துள்ளதாக குற்றஞ்சாட்டி, தமிழக உயர் கல்வித்துறை சார்பில் விசாரணை கமிட்டி அமைக்கப்பட்டது.

ஓய்வு பெற்ற நீதிபதி கலையரசன் தலைமையிலான இந்த கமிட்டி, 2020 நவம்பர் முதல் எட்டு மாதங்களாக விசாரணை நடத்தி, இந்தாண்டு ஆகஸ்டில் தமிழக அரசிடம் அறிக்கை தாக்கல் செய்தது. இந்த அறிக்கை மீது, தமிழக அரசு இதுவரை எந்த நடவடிக்கையும் எடுக்கவில்லை. தற்போதைய முதல்வர் ஸ்டாலின், முந்தைய அ.தி.மு.க., ஆட்சியில் எதிர்க்கட்சி தலைவராக இருந்தார்.அப்போது, பல்வேறு பிரச்னைகளில் சுரப்பா மீது நடவடிக்கை எடுக்க வலியுறுத்தினார்.

தற்போது ஸ்டாலினே முதல்வராக உள்ள நிலையில், சுரப்பா மீதான விசாரணை அறிக்கை கிடப்பில் போடப்பட்டுள்ளது.இதுகுறித்து, பேராசிரியர்களும், கல்வியாளர்களும் கூறியதாவது: உயர் கல்வியில் 7.5 சதவீத இட ஒதுக்கீடு மற்றும் 'நீட்' தேர்வால் ஏற்பட்ட பாதிப்பு குறித்து ஆய்வு செய்ய, தமிழக அரசு அமைத்த நீதிபதிகள் முருகேசன் மற்றும் ஏ.கே.ராஜன் கமிட்டிகளின் அறிக்கைகள், பொதுமக்கள் பார்வைக்கு வெளியிடப்பட்டன. அதேபோல, சுரப்பா மீதான விசாரணை அறிக்கையையும், தமிழக அரசு தாமதமின்றி வெளியிட வேண்டும். விசாரணை அறிக்கையின் அடிப்படையில், அடுத்த கட்ட நடவடிக்கை மேற்கொள்ள வேண்டும்.இவ்வாறு அவர்கள் கூறினர்.

'ICAI Should Give Reasons For Its Decisions' : Supreme Court Sets Aside Recommendation To De-Register CA

'ICAI Should Give Reasons For Its Decisions' : Supreme Court Sets Aside Recommendation To De-Register CA: 'Giving of reasons ensures that a hearing is not rendered as a meaningless charade.'

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Nupur Thapliyal

9 Oct 2021 2:15 PM

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.

The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.

Justice Subramonium Prasad observed that a mother cannot be burdened with the entire expenditure for raising and educating the children.

"A father has an equal duty to provide for his children and there cannot be a situation wherein it is only the mother who has to bear the burden of expenses for raising and educating the children...A father is bound to compensate the wife who, after spending on children, may hardly be left with anything to maintain herself," the Court remarked.

The maintenance order was also challenged on the ground that the grant of maintenance is maintainable so far as the concerned children have not attained majority. However, in the present case the child had completed 18 years of age.

The Court however held,

"This Court cannot shut its eyes to the reality that simply attaining majority does not translate into the understanding that the major son is earning sufficiently. At the age of 18, it can be safely assumed that the son is either graduating from 12th standard or is in his first year of college. More often than not, it does not place him in a position wherein he can earn to sustain or maintain himself. It further places the entire burden on the mother to bear the expenses of educating the children without any contribution from the father, and this Court cannot countenance such a situation."

Reliance was placed on the case of Chandrashekhar v. Swapnil and Anr., where the Supreme Court had upheld the arrangement to provide maintenance to the son until he completed his first degree course after high school so as to ensure that he becomes a self-supporting individual and can live in dignity.

The Court was dealing with a criminal review plea with regards to an order passed by it in terms of which it was directed that an interim maintenance of Rs. 15,000 per month will be given to the wife (revisionist) till her son completes his graduation or starts earning, whichever is earlier.

It was the case of the respondent husband that the order was outside the scope of the High Court as it could not have extended it for a period beyond the final adjudication of the case by the Trial Court.

"The context of Section 125 Cr.P.C. is to ensure that the wife and the children of the husband are not left in a state of destitution after the divorce. The husband must also carry the financial burden of making certain that his children are capable of attaining a position in society wherein they can sufficiently maintain themselves," the Court said.

It further opined that the father cannot be absolved of all the responsibilities and is bound to compensate the wife who, after spending on children, may hardly be left with anything to maintain herself.

"The mother cannot be burdened with the entire expenditure on the education of her son just because he has completed 18 years of age, and the father cannot be absolved of all responsibilities to meet the education expenses of his son because the son may have attained the age of majority, but may not be financially independent and could be incapable of sustaining himself," it added.

Accordingly, the plea was dismissed.

The Court had made similar observations recently wherein it had held that the obligation of a father to maintain his son under Section 125 of CrPC would not come to an end when the son attains the age of majority after reasoning that the entire burden of his education including other expenses would fall entirely upon the mother.

Case Title: URVASHI AGGARWAL & ORS. v. INDERPAUL AGGARWAL

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

Shruti Kakkar

10 Oct 2021 10:37 AM

The Supreme Court observed that part-time temporary employees in a Government-run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work.

The bench of Justices MR Shah and AS Bopanna in the present matter was dealing with an appeal filed by the Centre assailing order passed by the Punjab and Haryana High Court wherein the Court had directed the Centre to revisit the whole issue related to regularisation policy, complete the exercise to reformulate their regularization/absorption policy and take a decision to sanction the posts in a phased manner.

Bench while setting aside the High Court's judgement observed:

"Thus, as per the law laid down by this Court in the aforesaid decisions, part-time employees are not entitled to seek regularization as they are not working against any sanctioned post and there cannot be any permanent continuance of part-time temporary employees as held. The regularization can be only as per the regularization policy declared by the State/Government and nobody can claim the regularization as a matter of right dehors the regularization policy."

Factual Background

Respondents (working as contingent paid part-time Sweepers ) approached the Central Administrative Tribunal ("CAT") seeking directions to frame a regularization/absorption policy for regularization of their service.

The Tribunal on November 19, 1989, granted temporary status.

Opposing the OA, the department argued that the applicants were contingent paid Safaiwalas working for less than five hours and, therefore, were not entitled for temporary status. It was also averred that there was no regular sanctioned post of Safaiwala in that particular Post Office in Chandigarh.

The Ministry of Personnel, Public Grievances & Pensions (DoPT), Government of India on December 11, 2006, issued an OM declaring regularisation of qualified workers appointed against sanctioned posts in an irregular manner.

The Department also framed a regularisation policy as per which Union of India, the State Governments and their instrumentalities were directed to take steps to regularize as a one-time measure the services of such irregularly appointed, qualified persons, in terms of the statutory requirement of the Rules for the posts, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals.

Also Read - Supreme Court Weekly Round Up, October 4 To October 10, 2021

On January 17, 2007, CAT while dismissing the respondent's application observed that since the Department needed the continuous service of Safaiwalas, they should advertise this post to appoint regular Safaiwala through the proper process of selection positively within three months. The tribunal also directed for considering the respondents for such selection after providing age relaxation to them under the relevant rules keeping in view they working for so many years without interruption. Directions were also issued to allow the Respondents to continue performing their duties with present status as part-time.

Case Before High Court

The High Court directed the Centre to revisit the whole issue, complete the exercise to reformulate their regularization/absorption policy and take a decision to sanction the posts in a phased manner. Directions were also issued to Union for allowing the employees to continue in service with their current status till framing of the policy and to grant minimum basic pay of Group 'D' posts from a particular date to those, who have completed 20 years of part-time daily wage service

Aggrieved, the Centre approached the Top Court.

Counsel's Submissions

Appearing for the Union, ASG Madhvi Divan submitted that the directions issued by the High Court to sanction the posts could be said to be a policy decision, and, therefore, the High Court was not justified in issuing the Mandamus and/or direction to create and sanction the posts.

Emphasising on the fact that even the High Court had observed that there were no sanctioned posts in the impugned judgement, ASG submitted that High Court, in the exercise of jurisdiction under Article 226 of the Constitution of India, should not ordinarily issue direction for absorption, regularization or permanent continuance unless the recruitment was itself done regularly and in terms of the constitutional scheme.

Relying on the judgements in Union of India and Ors. Vs. A.S. Pillai and Ors., (2010) 13 SCC 448; State of Rajasthan and Ors. Vs. Daya Lal and Ors., (2011) 2 SCC 429 and Secretary, Ministry of Communications and Ors. Vs. Sakkubai and Anr. (1997) 11 SCC 224, ASG submitted that services of a part-time worker working on the post of a full-time worker cannot be regularized.

Referring to Dr. Ashwani Kumar Vs. Union of India and Anr., (2020) 13 SCC 581; State of Karnataka and Anr. Vs. Dr. Praveen Bhai Thogadia, (2004) 4 SCC 684; Anuradha Bhasin Vs. Union of India and Ors., (2020) 3 SCC 637; Oil and Natural Gas Corporation Vs. Krishan Gopal & Ors., (2020) SCC Online SC 150; State of Maharashtra & Anr. Vs. R.S. Bhonde & Ors., (2005) 6 SCC 751, ASG submitted that judicial review, a Court had no right to direct the Government to review the policy of appointment; in judicial review, the Court could not interfere in the administrative matters and that in the absence of a regular sanctioned post, the Court could not direct to create one.

Appearing for the respondents, Advocate Rahul Gupta on merits relied on the Top Court's judgement in Secretary, State of Karnataka & Ors. Vs. Umadevi (3) and Ors., (2006) 4 SCC 1 and Mineral Exploration Corpn. Employees' Union Vs. Mineral Exploration Corpn. Ltd. and Anr., (2006) 6 SCC 310.

Supreme Court's Analysis

Considering that the respondents served as part-time employees, were contingent paid staff and that there were no sanctioned posts in the Post Office where respondents were working, the bench in the judgement authored by Justice MR Shah observed that the High Court, under Article 226 of the Constitution cannot direct the Government and/or the Department to formulate a particular regularization policy.

"As observed above, there are no sanctioned posts in the Post Office in which the respondents were working, therefore, the directions issued by the High Court in the impugned judgment and order are not permissible in the judicial review under Article 226 of the Constitution. The High Court cannot, in the exercise of the power under Article 226, issue a Mandamus to direct the Department to sanction and create the posts. The High Court, in exercise of the powers under Article 226 of the Constitution, also cannot direct the Government and/or the Department to formulate a particular regularization policy. Framing of any scheme is no function of the Court and is the sole prerogative of the Government. Even the creation and/or sanction of the posts is also the sole prerogative of the Government and the High Court, in the exercise of the power under Article 226 of the Constitution, cannot issue Mandamus and/or direct to create and sanction the posts," Court said.

"Even the regularization policy to regularize the services of the employees working on the temporary status and/or casual labourers is a policy decision and in judicial review the Court cannot issue Mandamus and/or issue mandatory directions to do so," Bench further added.

Noting that the Union of India/Department subsequently came out with a regularization policy dated 30.06.2014, which was absolutely in consonance with the law laid down by this Court in the case of Umadevi (supra), which did not apply to the part-time workers who did not work on the sanctioned post, the bench said that,

"In absence of any sanctioned post and considering the fact that the respondents were serving as a contingent paid part-time Safai Karamcharies, even otherwise, they were not entitled for the benefit of regularization under the regularization policy dated June 30, 2014."

Case Title: Union of India and Ors v Ilmo Devi and Anr| Civil Appeal No 5689 of 2021

Coram: Justices MR Shah and AS Bopanna

Citation : LL 2021 SC 561

TNIE Webinar | 'Freshers should put skills on CV that prove they can get job done'

TNIE Webinar | 'Freshers should put skills on CV that prove they can get job done'

Freshers need to put a skill on their CV that very clearly demonstrates their ability to get the job done, PB Kotur said.

Published: 11th October 2021 07:49 AM |

By Express News Service

Want to work abroad and wondering what’s the best job that will get you there? Steve Hoover, Endowed Executive Director at Rochester Institute of Technology (RIT), said, “Cyber jobs are in high demand in the United States and there is a significant under supply of talent. There are 500,000 job openings posted by US employers.”

He was discussing the importance of Tech Demands and the Need to Keep Upskilling with the Head of Wipro’s Global Talent Engagement Program, PB Kotur, Qualcomm India’s Machine Learning Head, Madhusudanan K, and Sri Ramachandra Engineering & Technology’s Provost, Dr V Raju. This was a webinar conducted by The New Indian Express and SRIHER.

SHIHER’s model of engineering is based on RIT’s engineering course, where Hoover teaches, Dr Raju said. “RIT has a unique aspect where students, after two years of their engineering course, work in the industry for a full year,” Dr Raju said.

Freshers need to put a skill on their CV that very clearly demonstrates their ability to get the job done, PB Kotur said. Innovation is going to be a challenge going forward for the IT industry, Madhusudanan K said. “A majority of innovation happens through networking and collaboration, through informal and formal meetings. But that in-person connection is missing due to the pandemic,” Madhusudhan added.

Two doses, too many wonders

Two doses, too many wonders

Dr Sekhar said the district administration aims to inoculate 1.5 lakh persons during the fifth mega Covid vaccination camp to be held on Sunday.

Published: 09th October 2021 10:49 AM |

A health worker displays empty vials of COVAXIN at a vaccination center. (Photo | AP)

By Express News Service

MADURAI: Of the 498 persons treated for Covid-19 at Government Rajaji Hospital (GRH) in the last two months, those who received two doses of Covid vaccine neither died nor required ICU care, said Collector Dr S Aneesh Sekhar.

The collector pointed out of the 263 and 235 Covid patients who were treated in August and September respectively, 208 persons and 168 persons were not vaccinated, 41 and 48 patients had taken the first dose and 14 and 19 patients respectively had taken both the doses. Of the 48 and 31 patients who required ICU care, 44 and 28 were unvaccinated and 4 and 3 patients had taken one dose.

"There are a total of 24,45,000 residents aged above 18 years. Of them, 60% received the first dose while 15% received both the doses. While 63% of residents in rural areas of the district have been immunised against Covid, 55.4% of city residents have been vaccinated.

Dr Sekhar said the district administration aims to inoculate 1.5 lakh persons during the fifth mega Covid vaccination camp to be held on Sunday. "500 camps will be conducted in the city and 900 camps will be held in rural areas," he said, adding mobile camps have been planned for Sunday to cover the destitute and homeless living on streets.

As many as 1.4 lakh doses of Covishield and 10,000 doses of Covaxin are in stock.

During the four mega Covid vaccination camps held so far, 3,64,258 persons have been vaccinated, with the district witnessing a lull due to hesitancy during the fourth camp held on October 3, he said.

"When the second wave of Covid was at its peak 4 to 5 months ago, the public showed more interest in voluntarily coming forward to inoculate themselves. But, with the drop in Covid cases, the willingness too has declined."

Citing that still there are chances for the third wave, the Collector urged the public to come forward to take the jab, shunning vaccine hesitancy.

Meanwhile, Corporation Commissioner Dr KP Karthikeyan said seven wards in the city have achieved 100% vaccine coverage. He further said the civic body plans to achieve 100% coverage at five wards in each of the four zones in the city.

Take the jab and stand a chance to win prize

The district administration has announced prizes at panchayat union level through drawing of lots for the residents who opt to get inoculated during the fifth mega Covid vaccination camp to be held on Sunday. The prizes include bicycle, mixie, pressure cooker and utensils.

Disability didn't stop these women from attaining financial independence

Disability didn't stop these women from attaining financial independence

Workers are busy at Thiyagam Women’s Trust, tucked away in Nagamalai Pudukottai of Madurai. While one section stitches face masks, another makes doormats and gloves.

Published: 10th October 2021 05:30 AM 

Residents at the Thiyagam Women’s Trust in Madurai are first given counselling, and then allocated work based on the level of their skill and education | Express

By Jeyalakshmi Ramanujam

Express News Service

MADURAI: Workers are busy at Thiyagam Women’s Trust, tucked away in Nagamalai Pudukottai of Madurai. While one section stitches face masks, another makes doormats and gloves. Some sew night gowns for women, and others craft decor items. All of them are persons with disabilities (PwD) being trained to earn a living.

Started in 2005 by S Amuthashanthy, the trust aims to make disabled rural women economically independent. When Amuthashanthy was young, her parents admitted her to a home as she was born without a left hand. This had a huge impact on her mental health as a child.

“Though I excelled in academics, I was insecure because of my disability and would isolate myself. But my teacher saw my talent and encouraged me to participate in elocution competitions. This soon helped me step out of my shell. I won a State-level elocution competition and received a prize from the then chief minister MG Ramachadran,” Amuthashanthy said.

Started with tailoring unit at home, friends as colleagues

Amuthashanthy worked at various private institutions after completing her degree. In the holidays, she and her friends would go to villages to volunteer in helping disabled women. It was then that she realised she could start a tailoring unit for disabled persons.

In 1999, with Rs 30,000 in her bank account, Amuthashanthy quit her job and started a tailoring unit at the back of her house. “Meena, my friend, and I got on her cycle and went around Sellur in search of stitching orders. We approached about 10 shops but nobody was willing to give us an order, stating that the disabled can’t do ‘normal’ work. But we soon received an order for three dozen towels and no time to finish it. My friends and I got together and completed the task in a day. Our focus was only on the goal,” Amuthashanthy recalled.

Two years later, people came forward to sponsor tailoring machines, rental charges, and to also place orders; and in 2005, Thiyagam Women’s Trust was formed with the help of volunteers and the media.

Over the past 16 years, the trust has empowered more than 6,000 persons with disabilities across the State. Coordinator at the trust, S Meena, said, “When a person with disability is referred to us or comes seeking help, we first counsel and address them based on the issues they face. Then, we identify their skills and education level, and accordingly introduce them to higher education, sports, government schemes and the like.”

The residents at the facility are allocated work on the basis of skill and education. If a person cannot use their legs, they can stitch mats; if they are educated, they are trained in data entry. “Our aim is to rehabilitate and help them survive independently,” Meena said.

After the training, the parents or caregivers of the persons with disabilities are briefed and they are encouraged to set up a workspace at home. “Family members think the disabled are useless and the person too thinks they can’t do anything. Everyone has the potential to do something. We brief the parents and family members so that they realise it is also their responsibility to take care of and support them rather than have them idle at home,” Meena reiterates.

A home for new beginnings

The trust has helped breathe a new lease of life into the residents. Nancy Sahana (30), the warden of Thiyagam Stay Home was referred to the trust by the Collector after her friend cheated her of her money and abandoned her at the Government Rajaji Hospital. As she has passed Class 10 exams, she was made the warden and also takes care of logistics for the trust.

Besides the skills that Thiyagam teaches, the residents at the facility are skilled in dancing, singing, and mimicry, among other things.

Some sections of society get a raw deal, depriving them of proper education, exposure, and employment. But there’s hope even in the darkest of places. People ostracised and labelled useless have found ways to thrive. Here are a few of their stories

Education no bar: Women entrepreneurs go the grass-route

Education no bar: Women entrepreneurs go the grass-route

The turning point was a project conducted in the Pitchandikulam Forest of Auroville to train rural women.

Published: 10th October 2021 05:38 AM 

Two women collecting herbs in the nursery | Bagalavan Perier B

By Bagalavan Perier B

Express News Service

VILLUPURAM: They were deprived of a proper education. Most of these 20 women from Villupuram’s neighbouring villages — Nadukuppam, Vandipalayam, and Devikulam — haven’t completed primary education, but can name more than 1,000 herbs and list their uses. They are now self-sufficient, and contribute significantly to their family income.

The turning point was a project conducted in the Pitchandikulam Forest of Auroville to train rural women. Over six months, these women were taught farming, manufacturing, marketing, accounting, skill development, entrepreneurship, and team building, after which, they launched the Amirtha Herbal Unit and Nursery.

The facility, near the forests of Nadukuppam village at Marakanam, serves as their workplace, where they cultivate herbs, and make medicines, cosmetics and food items, and market them. They sell 35 products, including soap, hair oil, powders for the face, teeth, and body, and medicines in the form of oil, paste, and electuary.

“Despite several requests, we don’t export products because our resources are limited,” says Parvathy Nagarajan, who trained the women. “They came here as homemakers, but now know as much about herbs as a Siddha doctor.”

Sharing her side of the story, one of the women from the unit, B Kalaiselvi, of Nadukuppam, recounts, “I dropped out of school in Class 8 as I had to start working in the fields. I continued even after marriage. But 10 years ago, I came here for training, and have been making a better income ever since.”

Even her trainer, Parvathy, was pressured to drop out of school. “My parents didn’t want me to continue after Class 5, but I managed to complete my schooling. My forefathers were country doctors, and my grandmother taught me about herbs and their uses. I did a few small jobs until I was offered the role of a herbal trainer at the Pitchandikulam forest.” Through sessions at Primary Health Centres (PHCs), Anganwadis, and women self-help groups, among other places, Parvathy has trained nearly 30,000 people, she says.

D Kavitha of Devikulam, another woman from the unit, says, “The first time we left Tamil Nadu was when we went to the national capital to sell our products at an exhibition conducted by the Union government. We have customers across Tamil Nadu, and even from Mumbai, New Delhi, Bengaluru, and Hyderabad, to whom we courier the products. We also have a stall in the Pudhumai complex near the Villupuram Collector’s office.”

Members of the team say launching the Amirtha Herbal Unit and Nursery has drastically changed their lives, helping them provide economic support to their families. They also use the herbs as home remedies for minor health issues. While some herbs are cultivated on the farm, the rest are taken from the nearby forest or the roadside, says B Nageshwari, a member of the team, adding that they also encourage other villagers to grow herbs. To train the women, the Kaluveli Sustainable Livelihood Women Federation (KSLWF) was formed and a herbal farm set up in Nadukuppam with help from the Tamil Nadu State Rural Livelihoods Mission and the Sustainable Enterprise Development in Auroville Bioregion (SEDAB).

Their new venture to provide livelihood

Members of the team say launching the Amirtha Herbal Unit and Nursery has drastically changed their lives, helping them provide economic support to their families. To train the women, the Kaluveli Sustainable Livelihood Women Federation (KSLWF) was formed and a herbal farm set up in Nadukuppam with help from the Tamil Nadu State Rural Livelihoods Mission and the Sustainable Enterprise Development in Auroville Bioregion (SEDAB)

Online classes, no contact with friends: How Covid pandemic impacted mental health of children

Online classes, no contact with friends: How Covid pandemic impacted mental health of children

The New Indian Express spoke to psychologists about the repercussions of the Covid pandemic on children and how parents can identify if their child is having mental health problems.

Published: 10th October 2021 10:54 AM 

A very small proportion of adults also seek mental health help in our country, it's the same in children. (Representational Photo)

By Sowmya Mani

Express News Service

TIRUCHY: 12-year old Sarath (name changed) is an intelligent, outgoing boy. In the past year, his parents started noticing several changes in his behaviour. The lockdowns, closure of schools, inability to meet friends, go out and play had a deep impact on Sarath, say his parents. He would not concentrate during online classes, his appetite reduced, and the usually cheerful child became very quiet and pensive.

It took several counselling sessions for Sarath to open up and share his problems.

Like Sarath, the mental health of several children has been impacted in the past two years, due to the pandemic. According to a UNICEF report, The State of the World's Children 2021, around 14 per cent of 15 to 24-year-olds in India, or 1 in 7, reported often feeling depressed or having little interest in doing things.

In the same report, it is mentioned that more than 1 in 7 adolescents aged 10-19 is estimated to live with a diagnosed mental disorder globally.

On World Mental Health Day, which falls on 10th October, The New Indian Express spoke to psychologists about the repercussions of the pandemic on children, and how parents can identify if their child is having mental health problems. The theme of this year's World Mental Health Day, is 'Mental health in an unequal world'.

"Being at home, children have had been limited interaction with their peer groups. Age appropriate activities are restricted. This has led to several social and cultural problems too. The disruption to routines, education, recreational activities is leaving many children afraid, angry, and concerned," says Dr. Karthik Deivanayagam, District Psychiatrist, Pudukkottai.

Doctors say that schools are extremely important for the social development of a child. The development that happens in schools cannot be substituted by online classes, according to doctors.

"Children don't have the attention span required for online classes. We have been observing speech delay in 2-3 year old kids who've never gone to school. Since their interactions are restricted, we have observed that many children are having speech delays. Parents are not equipped to fulfil all the needs of their child, a school is required," says Dr Siddhika Aiyer, Consultant Psychiatrist, Gleneagles Global Health City.

A very small proportion of adults also seek mental health help in our country, it's the same in children. Parents must be aware of changes in their children and seek timely help.

Doctors say that children develop mental health issues by the age of 14, but it comes to the fore only after 10 years.

"In the age of 13-19, mental health issues are common. Suicide is one of the major reasons for death in this age group. 75-85 per cent people don't seek treatment for their mental health problems. This is due to social inequality. Due to lack of access to treatment, stigma around mental health, children don't seek treatment. Since their issues are not addressed, it comes out as violence, substance abuse," says Dr Sunilkumar, Clinical psychologist.

​He says that social equity is needed to address mental health problems. Doctors say that there are subtle signs that parents have to watch out for.

"If a child is isolating themselves, not talking a lot, becomes fussy about eating, gets up in the middle of night crying, imagining that something bad is going to, it may be a cry for help. Any change in routine/behaviour may be an indicator that something is wrong. Don't scold your child if you notice a change, he or she may become even more reserved. When you notice a change, try to understand what the child is feeling. Don't negate what the child is feeling. Make them open up, validate their feelings," says Dr Siddhika.

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TN CM Stalin encourages media to indulge in constructive criticism

TN CM Stalin encourages media to indulge in constructive criticism

Chennai:11.10.2021

Tamil Nadu chief minister MK Stalin on Sunday encouraged the media to indulge in constructive criticism of his government.

"I welcome constructive criticism by the media. At the same time, while it has the tendency to blow up small issues, it forgets to appreciate the positive measures undertaken by this government. Only those who tend to appreciate the good things reserve the right to criticise," Stalin said after unveiling the inaugural issue of 'Merchants of Madras', a weekly special page of The Times of India, at ITC Grand Chola.

“Government and politics have changed for the better in Tamil Nadu. The state has excellent human resources and offers a conducive atmosphere for establishing industries across sectors. This has to be propagated to the rest of India and the globe by media organisations like The Times of India,” Stalin said. The strengths of Tamil Nadu and the local businesses need to be highlighted, he added.

Highlighting the importance of the recently constituted CM’s economic advisory council, Stalin said the government is working towards achieving “inclusive growth for all people and communities”, which former Union finance secretary and member of the council S Narayanan termed as the ‘Dravidian model’.

He pointed out that Tamil Nadu is reeling from a debt of Rs 5 lakh crore and the state public sector undertakings (PSUs) have an additional burden of Rs 2 lakh crore. Only a handful of avenues offer scope for revenue generation as the Centre has, through GST, taken away the rights of the states to collect taxes. “Instead of depending on tax collections, we have to tap our own resources to strengthen ourselves and grow better,” he said, listing out several steps taken by his government on the industrial front, including an exclusive export strategy for the state and an export handbook for MSMEs. TNN

CBSE: Phase 1 of Board exams 2022 to begin soon

CBSE: Phase 1 of Board exams 2022 to begin soon

11.10.2021

Central Board of Secondary Education (CBSE) class X and XII board exams 2022 are scheduled to be conducted in two phases. As the first phase will be held in November-December 2021, the datesheet of the same is expected to be released soon on the official website, cbse.gov.in and cbse.nic.in. As per an official from CBSE, candidates appearing for the multiple choice question (MCQ)-type first phase exams will be allowed to use only pens to mark the answers. At the same time, the OMR sheet will have an additional blank space for candidates to use if they want to change their answers, said the official. The first term practical exams will also be held by the respective schools, further said the official. All questions will be of equal marks, and candidates will get options to choose questions they wish to answer, the official said. CBSE schools have already submitted the list of candidates (LOC) for the board exam. The question papers in the term 1 board exam will be in the MCQ format, including case-based MCQs and assertion-reasoning MCQs. The duration of the exam will be 90 minutes. Each term will include 50% of the rationalised syllabus. Students can download the revised syllabus from the board's website. Term 2 exams are scheduled to be held between March and April 2022.

Pre-departure RT-PCR test a major headache

Pre-departure RT-PCR test a major headache

Ayyappan.V@timesgroup.com

Chennai:11.110.2021

Taking pre-departure rapid RT-PCR tests at Chennai airport’s international terminal, compulsory for those going to countries in the Middle East, especially the United Arab Emirates (UAE), has become a problem, with little social distancing.

Poor crowd control and a lengthy procedure involving paying money, offering samples and receiving reports make it a hassle. Those who have to reach the airport 5-6 hours before departure are forced to crowd in front of the counters to give samples and obtain the results between 12am and 5am for early morning flights. There are no Airports Authority of India (AAI) staff or Central Industrial Security Force (CISF) personnel to regulate things. Online registration can be done, but the queue system is inefficient, say passengers. Arun B, who recently travelled to Dubai, said he had to wait for almost half an hour to collect a form for the rapid test. “People have to fill it up, stand in a queue to make payment and then go into another queue to give samples and then hang around for announcements to collect the report. The announcements are not clear, making people crowd around closer to listen.”

The payment of Rs 3,400 should be made online to save time, he said. “People are sometimes told to come back later after they reach the counter because they would have reached too early and some other passenger had to be given priority due to early flight timings. The worst part is the form filled manually has to be filled again online.” The entire purpose of the tests is defeated as it makes it a place to spread Covid, Arun added.

Basheer Ahmed of Chennai Metro Travels said the process is not done professionally. “There is an option to pay online but it is not easy. We have got inputs from passengers saying they had to go too early for the tests because of the crowd. There are around four flights early in the morning.” An AAI official promised to streamline the procedure and make it online. “Crowd control measures will be adopted. The test for arriving passengers too will be expanded to provide space because the number of flights has increased.”

No Covid deaths in Chennai for second consecutive day

No Covid deaths in Chennai for second consecutive day

TIMES NEWS NETWORK

Chennai:11.10.2021

For the second consecutive day, not a single person in Chennai succumbed to Covid-19. Besides Chennai, another 29 districts in Tamil Nadu including Coimbatore reported no Covid-19 deaths on Sunday.

So far, a total of 35,783 have died of the virus in the state. This included 15 deaths reported on Sunday.

For more than two months, the state's case fatality ratio hasn't come down. It has hovered around 1.3%. It means for every 100 confirmed cases, at least one died of Covid-19.

But the number of fresh infections has continued to decline in Tamil Nadu. On Sunday, 1,329 tested positive for the virus.

Though Chennai reported the maximum number of cases (164), the test positivity rate (TPR) of the district remained unchanged at 0.8% this week, which was below the state's average of 0.9 %.

Coimbatore, which stood second on Sunday's infection chart with 157 fresh cases, has a slightly higher TPR of 1.3%. Erode is another western district with a similar TPR. Namakkal (64 new cases) in this region had the highest TPR of 2 % on Sunday.

"As the vaccine coverage has increased, the infection rate has reduced in 18 Tamil Nadu districts compared to last month and many were in western Tamil Nadu", said J Radhakrishnan, state health secretary.

However, those with fever should immediately contact the nearest hospital instead of self-medication, he told reporters on Sunday.

But on the flipside, the number of samples tested at TN labs has dropped last month. Earlier, it was above 1.55 lakh a day. But it has dropped to 1.4 lakh now.