NEWS TODAY 6.11.2024

 

Press release by itself can’t amend law: SC

Press release by itself can’t amend law: SC 

AmitAnand.Choudhary@timesofindia.com 06.11.2024

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

Playing cricket witha cork ball not a criminal offence: HC

Playing cricket witha cork ball not a criminal offence: HC

A scheme for compensating such eventualities could be framed, says judge.

Mohamed Imranullah S.

CHENNAI 05.11.2024 

The Madras High Court has quashed a case of culpable homicide, not amounting to murder, registered against the organisers of a local cricket match after a fielder died when a cork ball used in the game hit his chest due to an aggressive and attacking shot played by the batsman.

Justice G. Jayachandran said it was common in this part of the country for youngsters to play cricket with a cork ball and that there was no prohibition for the use of such balls in any match. Therefore, an unfortunate death of a player could not lead to a criminal case, he added.

However, considering the fact that the deceased D. Loganathan was a third-year law student and the only son to his parents, the judge directed the Tiruvallur District Legal Services Authority (DLSA) to find out if there was any scheme available to pay monetary compensation to his family.

If there was any such scheme, the DLSA was directed to forward its recommendation to the Collector within two months, and the latter was directed to take an appropriate decision within two months thereafter.

The father N. Dhamodhiran, a daily-wage worker, had appeared before the court in person since he had no means to engage a lawyer to argue on his behalf in the petitions filed by the match organisers R. Rasu and P. Iyappan to quash the First Information Report (FIR) registered by Pullarambakkam police in Tiruvallur district.

The petitioners’ counsel G. Saravanabhavan told the court that the complainant’s son had voluntarily participated in the cricket match between Punnapakkam Cricket Club and Puthuvallur Cricket Club at Othikadu lake on December 13, 2020, and died after the ball hit him on the field.

The counsel said one of his clients, Mr. Rasu, was not even present at the time of the incident as he was writing the Grade II police constable examination at Perumalpattu. He added that the other petitioner had nothing to do with the death but for having been the organiser of the match.

‘No intention’

After recording his submissions, the judge said Section 304 of Bharatiya Nyaya Sanhita (BNS) could be invoked only if there was an overtact on the part of the accused with the knowledge that their act was likely to cause death even if there was no intention to cause such death.

In the present case, “the deceased Loganathan has voluntarily participated in the match and got injured. Neither, the batsman nor the organisers had any intention to cause death or hurt,” the judge said.

Therefore, “the present criminal original petitions are allowed. The FIR on the file of the first respondent police is hereby quashed,” the judge concluded and told Government Advocate (criminal side) S. Udayakumar that the government could come up with a scheme for compensating such deaths.

Justice Jayachandran said the Department of Youth Welfare and Sports Development could frame a scheme for compensating eventualities that occur during sporting events.

‘Return certificates to PG doctors after bond period’

‘Return certificates to PG doctors after bond period’

The Hindu Bureau

CHENNAI 05.11.2024 

The Doctors Association for Social Equality (DASE) has urged the State government to immediately handover the original certificates and experience certificates to Non Service Post Graduates (NSPG) who have completed their bond period.

Those who wish to continue in service should be absorbed by conducting a special examination through the Medical Services Recruitment Board (MRB).

Increased workload

G. R. Ravindranath, general secretary of DASE, in a statement issued on Monday, said that vacant posts of doctors remain unfilled resulting in increased workload for doctors in government hospitals.

To fill up 2,500 vacant posts of assistant surgeons, the MRB examination that was announced earlier should be conducted.

He also said that those who have completed MD/MS and working in the Directorate of Public Health and Preventive Medicine on clearing the MRB examination should be posted to government medical college hospitals and government hospitals for the benefit of people.

Dr. Ravindranath also urged the government to do away with the 24-hour duty for government doctors.

Ensure equal opportunity

The association also said that an expert committee should be constituted to ensure equal opportunity for service and non-service candidates in post-graduate admissions.

Uttarakhand govt to terminate services of 118 doctors absent from duty

Uttarakhand govt to terminate services of 118 doctors absent from duty  News

(Https://Timesofindia.Indiatimes.Com/City/Dehradun) 

Nov 3, 2024, 11:33 IST

Read more at:

http://timesofindia.indiatimes.com/articleshow/114888360.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

The Uttarakhand government plans to terminate 118 doctors who have been absent without explanation for years. This action addresses absenteeism and creates vacancies for new doctors. Affected doctors were warned and given a final notice to resume duties within 14 days. Many had opened private practices after reaching senior positions

DEHRADUN: Uttarakhand govt will soon terminate the services of 118 doctors who have been absent from duty for years without explanation. The health department identified these doctors from across all 13 districts. The move also aims to create vacancies for other doctors, sources said. "These are doctors not just in remote locations but in the plains as well. They have not reported for work not just for weeks or months, but years–some as long as six years. Warnings were issued to them in the past as well, and now they were given a final notice saying they have 14 days to resume their duties and provide an explanation to the directorate general for their absence. Only an extremely genuine reason can be acceptable for this kind of lapse in duty," said Dr Anil Mohan Johri, joint director of the health department.

"While the service termination is a strong message to other absentee doctors, it will also help create vacancies within the department that can then be filled by young doctors who can be of service to the public," Johri added. State health minister Dhan Singh Rawat said new doctors would be appointed to replace those whose services are terminated. The department is aiming to complete the termination process within two weeks and a proposal for 276 posts in the department has already been submitted to the health service selection board, sources said. A source from the department said many of these doctors opened private practices after they were promoted to senior positions which had led to the largescale absenteeism.

'Uncle-Aunty quota' for NRI admissions in Kerala too!; MBBS and nursing admissions getting rigged

 'Uncle-Aunty quota' for NRI admissions in Kerala too!; MBBS and nursing admissions getting rigged  

Wednesday 25 September, 2024 | 9:30 PMREAD MALAYALAM VERSION

THIRUVANANTHAPURAM: MBBS and nursing NRI quota admission rigging, similar to the one in Punjab, which the Supreme Court observed as fraud, is taking place in Kerala as well

Read full news at https://keralakaumudi.com/en/news/news.php?id=1390761&u=uncle-aunty-quota-for-nri-admissions-in-kerala-too!-mbbs-and-nursing-admissions-getting-rigged-1390761

UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court

UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court

Pranav Kumar

2 Nov 2024 2:50 PM

Bombay High Court, Aurangabad Bench: A division bench of Justices Mangesh S. Patil and Shailesh P. Brahme ruled that the University Grants Commission (UGC) Ph.D. requirement for promotion to Associate Professor, introduced in 2018, applies prospectively and does not impact faculty who qualified under earlier regulations. The State of Maharashtra was directed to review the petitioners' promotion applications based on 2016 regulations.

Background

A group of Assistant Professors in Maharashtra colleges were denied promotion due to the absence of a Ph.D. degree, despite meeting all qualifications and obtaining recommendations for promotion. These teachers were appointed in 2006 and 2007, long before the 2018 UGC regulations, which mandated a Ph.D. as a qualification for promotion. The petitioners argued that the newer 2018 regulations should not retroactively apply to their promotions, as they had already qualified under the 2016 regulations, which did not make a Ph.D. compulsory.

Upon the state government's adoption of the 2018 regulations through a resolution in March 2019, promotions were halted for faculty lacking a Ph.D. The University, having initially approved their promotions, had forwarded these for further validation, but the state Joint Director of Education ultimately withheld final approval, citing the updated regulations. The petitioners sought a declaration that their promotions should proceed under the 2016 regulations, which did not require a Ph.D. for advancement to Associate Professor.

Arguments

The petitioners, represented by Senior Advocate Mr. P.R. Katneshwarkar, argued that they fulfilled the criteria under the 2016 UGC regulations. They contended that applying the 2018 regulations retroactively was unfair and not within the legislative intent of the UGC guidelines, which allowed discretion to apply older rules for those already in service. They also cited a recent UGC notification removing the contentious provision, arguing that this affirmed their position on non-retrospective application.

The respondents, including the State of Maharashtra and UGC representatives, argued that the 2018 UGC regulations and corresponding 2019 government resolution explicitly mandated a Ph.D. for promotion, which was legally binding. Citing judgments emphasizing the central authority of UGC regulations over state policies, they argued that the petitioners' promotion claims were not valid without a Ph.D., as per the binding nature of the 2018 guidelines.

Court's Reasoning

Firstly, the court observed that the 2018 UGC regulation and the corresponding government resolution of 2019 did not include any provision for retroactive application, establishing that new regulations generally operate prospectively unless expressly stated otherwise. This meant that the petitioners, who had been eligible for promotion under the 2016 standards, could not be held to the new Ph.D. requirement for advancement. Secondly, the court highlighted the principle that legislation imposing additional qualification criteria should not disrupt vested rights or legitimate expectations. Since the petitioners had received promotion recommendations from their university under the 2016 guidelines, they held a legitimate expectation for progression under those standards. Requiring a Ph.D. at this stage, according to the court, would constitute an undue hardship.

Thirdly, the court clarified that the petitioners were subject only to the qualification standards applicable at the time of their initial appointment and ongoing service, per UGC norms. It further noted that Regulation 2016 permitted consideration of alternative qualifications, with a Ph.D. only as an optional criterion to waive publication requirements, not as a standalone mandate for promotion. The court also rejected the respondents' reliance on other cases, such as Jagdish Prasad Sharma v. State of Bihar, where the conflict pertained to legislative supremacy between state and UGC regulations. The court distinguished this case, noting that the petitioners' scenario did not involve contradictory state legislation; rather, it was purely a matter of which UGC regulation applied.

Finally, the court underscored that any changes to the academic promotion criteria should prioritize continuity and fairness, especially in education sectors, where career progression impacts long-term teaching quality. As the 2016 regulation was the prevailing standard when the petitioners qualified for promotion, it held that any subsequent regulations should not impede their vested rights. Thus, the court directed the state's Joint Director of Education to re-evaluate the petitioners' promotion proposals under the 2016 regulations within six weeks, affirming that the 2018 UGC regulations and the 2019 government resolution mandating a Ph.D. would not apply to the petitioners' cases. The writ petitions were allowed partly.

Date: 25-10-2024

Citation: 2024:BHC-AUG:26548-DB, Vijayamala Tanaji Ghuge & Ors. v. The State of Maharashtra & Ors.

Counsel for Petitioners: Senior Advocate Mr. P.R. Katneshwarkar

Counsel for Respondents: Shri S.P. Joshi, AGP for the State; Shri S.W. Munde for UGC

NEWS TODAY 2.11.2024

 

PG med counselling ’24, after delay, from Nov 8

PG med counselling ’24, after delay, from Nov 8 

TIMES NEWS NETWORK 02.11.2024

Chennai : PG medical counselling for 2024, which faced significant delays, will finally open for choice locking on Nov 8 by the Medical Counselling Committee (MCC). Registration for the first round, which opened on Sept 20, will close on Nov 17, a release on Friday said. 

“A series of issues, including new scoring patterns and legal issues, delayed counselling. We have now released dates for state and central counselling and hope to finish by Jan-end. Last date of joining is Feb 5,” a senior official said. All participating institutes have been told to treat all weekends and gazetted holidays as working days. “Data of joined candidates will be shared by DMEs/state counselling authorities with MCC to eliminate candidates in seat processing of round 3 and stray vacancy round.” State counselling authorities have been asked to eliminate such candidates before seat processing of the stray vacancy round. Last date for joining PG courses will be Feb 5, though academic sessions will begin by Dec 20. 

National Board of Examination conducted NEET PG on Aug 11 in two batches. On Aug 23, it declared results and released percentiles, not individual student scores. The state's request for “individual normalised scores” was rejected. At least six states apart from TN told the govt it would be difficult to conduct counselling for in service candidates without individual scores. “Since exams were conducted in two batches, they told us scores cannot be compared or nor malised. They asked us to use only percentiles. We could not do this as we cannot add incentive percentages to per centile scores,” Director of Medical Education Dr J Sangumani earlier said. Officials tried reverse calculations using percentile scores to calculate marks but found it unreliable. After consulting National Medical Commission, NBE said it will release state specific merit list for in-service candidates for 7 states after state selection committees send incentive marks. 

The MCC portal will open for round 1 choice filling between Nov 8 and 17. First round results  will be out on Nov 20 and last date for joining Nov 27. Second round will begin on Dec 4, and results out on Dec 12. Third and online stray vacancy round will follow.

Diwali surprise: 4% hike in DA for govt employees

Diwali surprise: 4% hike in DA for govt employees 

TIMES NEWS NETWORK 31.10.2024 

Chandigarh : Calling it a Diwali bonanza for the families of more than 6.50 employees and pensioners of the Punjab government, chief minister Bhagwant Mann on Wednesday announced a hike of 4% in dearness allowance (DA). An official spokesperson said the chief minister had approved a 4% hike in dearness allowance to the employees and pensioners, with effect from Nov 1, thereby enhancing the DA to 42% from 38%. 

Mann made the announcement with a post on ‘X’ that read, “On the occasion of Diwali, a small gift to the govt employees…” He added that the decision would benefit more than 6.50 lakh employees, pensioners and their families. He said that the employees were a critical segment of the state administration and safeguarding their interests was the govt’s top priority. “No stone is being left unturned for this noble cause and every effort is being made to ensure the welfare of employees,” he said. Last year, on Dec 19, Mann had announced a 4% hike in dearness allowance for government employees, raising it from 34 per cent to 38 per cent with effect from Dec1, 2023.

Admission cancellation: HC junks MBBS student’s plea Her Caste Certificate Was Found To Be Invalid

Admission cancellation: HC junks MBBS student’s plea Her Caste Certificate Was Found To Be Invalid

TIMES NEWS NETWORK   31.10.2024

Ahmedabad : The Gujarat high court turned down a petition by a medical student whose MBBS admission was cancelled after the state govt held her caste certificate invalid. As the student was pursuing the second year of MBBS, she argued that if her admission was cancelled, one MBBS seat would be wasted. She urged the court to allow her to finish her medical studies, for it would not cause any prejudice to the administration. 

However, Justice Sangeeta Vishen rejected this argument and stated, “It is equally true that the petitioner secured the admission depriving the genuine claim of the reserved candidate.” This case involved an MBBS student, Mrunal Chaudhary, who got admission under the Socially and Educationally Backward Classes (SEBC) quota in the Narendra Modi Medical College in Ahmedabad in 2022. It was a provisional admission, and its confirmation was subject to verification of the student’s caste certificate by a scrutiny committee. 

The committee found the student’s caste certificate as belonging to the ‘Teli community’ invalid, for she could not establish that her family was a permanent resident of Gujarat before April 1, 1978, a condition for caste certificate stipulated in a govt resolution in 1994. It is a cut-off date on which the SEBC quota was implemented by accepting the Bakshi Commission’s recommendations in Gujarat. The documents that the student provided showing her family’s existence in Gujarat prior to 1978 were found inadequate. The student also argued that she secured 507 marks in NEET-UG in 2022. In this college, the cut-off for the open category was 515, and therefore she secured admission in the reserved category on the strength of her caste certificate. If the scrutiny process had been quick, she could have got admission in the open category in any other medical college.

 The HC clarified that hers  was only a provisional admission subject to verification. After referring to the provisions of the rules and the Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verifica tion of Caste Certificate) Act, 2018, the HC said, “The caste certificate was not in tune with the provisions of govt resolutions and hence, as per the provisions of sub-rule (9) of Rule 5 of the Rules of 2017, the provisional admission of the petitioner stood cancelled. Therefore, this court does not find any error committed by the respondent No.1 (state govt) in cancelling the caste certificate, so also the admission of the petitioner and hence, the petition does not deserve to be entertained and is hereby dismissed.” 

Panipuriwala’s son too lost MBBS seat, but bounced back Alpesh Rathod’s case was no different when his SEBC caste certificate was held invalid by the scrutiny committee, resulting in the cancellation of his MBBS admission in the reserved category in 2023. Rathod, whose father is a panipuri vendor in Meghraj town of Aravalli district, approached the HC, which said that Rathod had to suffer for no fault of his, but the HC upheld the state govt’s decision of cancelling his caste certificate and the medical admission. Rathod approached the Supreme Court, which stayed the state govt’s decision, and Rathod was allowed to pursue his MBBS. However, Rathod showed grit, took the NEET-UG exam once again, and bettered his earlier score of 613 out of 720 in 2022. He secured 644 marks this year, and has been admitted to the MBBS course in the open category. 

He withdrew his appeal from the SC and put an end to the litigation.