J&K HC | Statutory rules or executive orders would override an advertisement by Service Selection Board

J&K HC | Statutory rules or executive orders would override an advertisement by Service Selection Board

CASE BRIEFS  HIGH COURTS

Published on June 18, 2019By Devika Sharma

Jammu & Kashmir High Court: Ali Mohammad Magrey, J. while dismissing the present writ petition directed the respondent Service Selection Board to proceed ahead with the selection process in accordance with a communication dated 03-08-2018.

The facts of the case are that in the year 2015, a requisition was sent by the Director for direct recruitment of vacancies to the Service Selection Board (the Board) for the post of Junior Anesthesia Assistant, for which qualification was “10+2 with Science and Diploma in Anesthesia Technology from SMF or any other recognized Institute” for the districts Baramulla, Pulwama, Budgam and Kupwara. On the basis of these requisitions, the Service Selection Board advertised the posts of Junior Anesthesia Assistant on 02-12-2015.

On 18-12-2015, the Directorate of Health Services informed the Secretary to Government, Health & Medical Education Department that due to an error the qualification for the post of Jr Anesthesia Assistant was incorrectly mentioned. On 26-03-2012, by a Government Order (GO), it was communicated that the correct qualification is 10+2 with Diploma in Anesthesia/ Operation Theatre Technology; however, degree holders in Anesthesia/ Operation Theatre Technology would be preferred. Thereafter, by this order Board allowed the candidates to participate in the selection process. Years later, on 30-12-2018, a provisional selection list was notified on the basis of the Government Order dated 26-03-2012. Aggrieved by this notification, petitioners filed a representation before the Government which was forwarded to the Board. For clarification, the Director-General, Health services informed the Government that the qualification as per the GO dated 26-03-2012 be taken as the qualification for the said post. The Board was instructed/communicated dated 29-06-2018 to first appoint applicants who hold Diploma in “Anesthesia Assistant Technology” and if seats are not filled then the ones who have Diploma in “Operation Theatre Technology”. This communication was stayed by an order of the Court dated 04-07-2018. The Government withdrew its communication dated 29-06-2019 and instructed the Board on 03-08-2018 to start making selections by Government Order dated 26-03-2019. It is the last communication dated 03-08-2018 which has been questioned by the petitioners and seek a ‘Writ of Mandamus’ commanding the respondent Board to give effect to the notice dated 30-12-2017.

The respondent/Service Selection Board after stating the facts pleaded that the power to make selections is conferred to them by law. It was also contended by the Board that its sole work is to recruit therefore it cannot add or subtract any qualification and that a list of qualifications for a post is the prerogative of the concerned department/State and the Board has no role in laying down of qualification for a post.

It is well settled that prescribing qualifications is regulated by rules and regulations governing the field, however, in absence of such recruitment rules, the Government has the powers to notify the qualification by virtue of executive orders.

The post of Junior Anesthesia Assistant has no place in the J&K Non-Gazetted (Sub-Ordinate) Service Recruitment Rules, 1992, therefore, the Government came up with the notification through an executive order.

In the cases Malik Mazhar Sultan v. U.P. Public Service Commission, (2006) 9 SCC 507 and Ashish Kumar v. State of UP, (2018) 3 SCC 55 it was declared that in case variation between advertisement and statutory rules occurs, statutory rules would take precedence.

After taking note of the above facts and law laid down in the above cases, the health department directed the Board to make the selection as per the GO dated 26-03-2012.

The Court dismissed the petition for having no merit. [Javid Ahmad Mir v. State of JK, 2019 SCC OnLine J&K 542, decided on 03-06-2019]

Government Orders Cannot Override Statutory Rules: HC

Government Orders Cannot Override Statutory Rules: HC

Published: 20th October 2014 06:03 AM 

By Express News Service

THE Hyderabad High Court has ruled that executive instructions or government orders cannot override or contradict the statutory rules.

“Where the rules are silent, administrative instructions can be relied upon. The administrative instructions operate when there are gaps in the rules and they are meant for supplementing the rules or legislation,” the court said.

A division bench of the High Court headed by justice KC Bhanu made these observations on a batch of writ petitions challenging an order passed by the Andhra Pradesh Administrative Tribunal in 2010.

As for the case details, the tribal welfare department of the erstwhile AP government issued a GO (Ms No.3 dated January 10, 2000) providing for 100 per cent reservation in appointments to the posts of teachers in schools situated in the Scheduled Areas. The powers vested in the governor under V Schedule of the Constitution were invoked. The said GO was challenged before the tribunal which allowed the petition. Aggrieved over this, some of the tribal teachers filed petitions in the High Court.

Meanwhile, the government issued a memo dated December 19, 2009, saying that the GO would cover the appointment of teachers not only by direct recruitment but also through promotion. The said memo was challenged by the non-tribal teachers working in the tribal welfare institutions, who were expecting promotions to the post of headmaster. The tribunal allowed the application and held that the said GO did not cover the promotion to the post of headmaster.

The petitioners contended that it is the responsibility of the state to see uplift of the tribal people within the Scheduled Areas and that the said GO specifically provides for appointment of teachers in the schools in the above areas by 100 per cent reservation in favour of Scheduled Tribes (STs). Though the post of headmaster is promotional, ‘teacher’ includes headmaster and unless one becomes a teacher, he could not be appointed as headmaster. The notification in the said GO has a overriding effect over the service rules.

On the other hand, the government contended that the appointment of teachers would be made in the vacant posts in the schools of the scheduled areas by way of direct recruitment or promotion as provided under Rule 4 of the AP state and subordinate services rules, 1996. The government said it is competent to issue administrative orders in the field where the same is not covered by statute or statutory rules. The tribunal has not appreciated the relevant material in a right perspective and quashed the memos issued by the government. It urged the court to set aside the impugned order

Afte hearing the case, the division bench said that as per the rules the headmaster can be a teacher, but a teacher cannot be a headmaster.

“Executive instructions can supplement a statutory rule or cover areas to which the rule does not extend but cannot run contrary to statutory provisions or whittle down their effect. Executive instructions may supplement but not supplant statutory rules,” it ruled.

While allowing the petitions, the bench said, “We have no hesitation to hold that the government is well within its competence to issue the impugned memo and the same is perfectly valid and legal. The memo issued by the commissioner of tribal welfare is only consequential proceedings. Though it is stated that GO 3 is prospective, which is contrary to the said GO, which reads that the government considered to re-issue the said orders retrospectively from November 5, 1996 keeping in view the provisions of the V Schedule of the Constitution. Therefore, the impugned order is liable to be set aside”.

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Now, driving tests at night to shorten waiting time

Now, driving tests at night to shorten waiting time

Sidhartha.Roy@timesgroup.com

New Delhi:15.08.2021 

Want to get a permanent driving licence? You may have to wait for a period of two weeks to more than two and half months for a slot, depending on where you live in Delhi. The Delhi government now plans to conduct driving tests at night to shorten the waiting time.

While Regional Transport Offices (RTOs) are on their way out with the Delhi government offering ‘faceless services’ for all transport-related transactions, applicants would still need to visit an automated driving test track to get a permanent driving licence.

To curb the spread of Covid-19, the Delhi government’s transport department has reduced the number of slots offered at test tracks to ensure social distancing. This, however, has resulted in a long waiting period to appear for a driving test in most of the busy zones. If one fails the stringent test at the automated tracks, it means an even longer waiting period.

As on Saturday, August 14, one can get a slot for a driving test on August 28 at the tracks near Sarai Kale Khan (South) and Surajmal Vihar (East II) RTOs. Slots at Mall Road (North) and Sarai Kale Khan (Central) are available on September 9 and 22, respectively. However, at most other busy RTOs, the latest slots are available from October 1to 10 at Rajouri Garden (West II), Mayur Vihar (East), Rohini (North West II) and Vasant Vihar (South West) and as late as October 27 at Loni Road (North East).

“The idea has been in the pipeline for some time now and many discussions have taken place in the department. What is first required to make the automated driving test tracks operational at night are high-mast lights,” a senior transport department official said.

“Apart from sensors on the ground, cameras on high poles also capture the driving test. Both are needed for a computerised analysis and then finding if an applicant has cleared the test or not,” the official stated.

“Very powerful lights are required at the centres to ensure that the cameras are able to capture images as efficiently as they do in daylight. Once the high-mast lights are installed, an assessment can be made of the viability of carrying out driving tests at night,” he added.

At present, driving tests start between 8 and 8.30 am at test tracks and go on till around 2 pm, till all the applicants for the day have given their test. “There will be separate shifts in the near future to cater to more demand while ensuring there is no crowding at test centres. Initially, the timing of the tests will be increased to 8 pm and if possible, even up to 10 pm in the next phase,” he said.

STEP IN RIGHT DIRECTION: The transport department has reduced the number of slots offered at test tracks to ensure social distancing

Iran plans 6-day lockdown

Iran plans 6-day lockdown

Tehran:15.08.2021 

Iran says it will impose a six-day-long “general lockdown'' in cities across the country after being hit by what it describes as its fifth wave of the COVID-19 pandemic, state media reported Saturday.

The lockdown includes all bazars, markets and public offices, as well as movie theaters, gyms and restaurants in all Iranian cities. The lockdown will begin on Monday and will last through Saturday.

The national coronavirus taskforce, which issued the decision, also ordered a travel ban between all Iranian cities from Sunday to Friday. Also on Saturday, Iran reported 466 deaths and 29,700 new cases of coronavirus patients in a single day. That brought the total pandemic death toll to 97,208, and total confirmed cases to 4,389,085.

Last week, Iran hit a record in both its single-day death toll and confirmed new cases of COVID-19, with 42,541 new coronavirus cases and a daily death toll of 588. AP

Sydney lockdown extended statewide, fines hiked as Australia faces ‘worst’ Covid episode

Sydney lockdown extended statewide, fines hiked as Australia faces ‘worst’ Covid episode

SYDNEY, Aug 14 (Reuters) - Australian police hiked fines for people breaking lockdown rules in Sydney and the rest of its home state on Saturday and strict stay-at-home orders were extended statewide amid a record jump in daily new COVID-19 infections.

State police will fine up to A$5,000 ($3,700) anyone breaching stay-at-home orders or for lying to contract-tracing officials, said state Premier Gladys Berejiklian. Previously breaching quarantine orders had carried a A$1,000 fine.

"We have to accept that this is the worst situation New South Wales has been in since day one. And it's also regrettably, because of that, the worst situation Australia's been in," she told a news conference.

Locally transmitted infections surged by a record 466 over the previous 24 hours, eclipsing the previous daily high of 390 set on Friday. Four deaths were recorded on Saturday, taking the state's total in the latest outbreak to 42.

It is becoming increasingly unlikely Sydney will end its nine-week lockdown on Aug. 28 as planned. Authorities had been talking about easing some restrictions if enough people are vaccinated and case numbers fall.

"We will get through this, but September and October are going to be very difficult," Berejiklian said.

"This is literally a war, and we've known we've been in a war for some time, but never to this extent."

Hundreds more defence personnel will be deployed next week to Sydney to help enforce the lockdown, with authorities particularly concerned about the spread of the virus to several regional towns.

A new A$3,000 fine will apply to people entering rural areas without an official permit, while stay-at-home orders were introduced for seven days in regional areas not currently in lockdown.

Weddings and funerals will get a day "grace period" and will be allowed on Sunday, but schools across the state will close, officials said. The head of the Australian Retailers Association, Paul Zahra, said the state-wide lockdown would come as a shock to many regional towns and could cost the economy A$1.5 billion ($1.11 billion) per week.

The permit to enter rural areas will only be granted for certain reasons including authorised work, property inspections or urgent work repairs on a second home. AGENCIES

SLOW AND UNSTEADY: The Delta variant-spurred second wave has hit Australia hard and it is dealing with a delay in vaccine supply. As of August 8, Australia had just over 3 million vaccine doses available, with nearly 10 million people yet to receive even a first dose

Independence Day: When differences between Periyar, Annadurai came to fore

Independence Day: When differences between Periyar, Annadurai came to fore

Most people only remember August 15, 1947 as Independence Day. But it also marked an important shift in Tamil Nadu’s political history.

Published: 15th August 2021 05:11 AM 

File photo of CN Annadurai with Periyar | Express

By S Kumaresan

Express News Service

CHENNAI: Most people only remember August 15, 1947 as Independence Day. But it also marked an important shift in Tamil Nadu’s political history. It was the first time differences between Dravida Kazhagam (DK) leader Periyar and his trusted lieutenant CN Annadurai were displayed publicly. Their differences culminated in the formation of the DMK, which now runs the State government.

Archives of various news reports say Periyar, the icon of the Dravidian movement, didn’t want to celebrate Independence Day in 1947 since he believed it would pave the way for permanent domination by the influential Brahmin-Baniya community. The British didn’t heed his demand to create a separate country in the south named ‘Dravida Nadu’, and he appealed to his followers to observe it as a day of mourning.

Annadurai, who was then the general secretary of the DK, openly aired his difference of opinion and appealed for the day to instead be celebrated as ‘Inba Naal, Iniya Naal’. In an article in his magazine Dravida Nadu, he said the aim of the Dravidian movement is to overthrow both the British and the dominance of Brahmins. Since Independence Day means attaining one of the two objectives, it must be celebrated.

He wrote that the Dravidian movement sought freedom from foreign rule, but the Congress was trying to overthrow the British and establish Brahmin rule, and hence, the Congress was to be opposed. He said opposition to the Congress wouldn’t mean support to the British, and reasoned that if the DK didn’t celebrate Independence Day, Congressmen would portray the DK as supporters of the British and hence against independence.

When a large section of DK cadre publicly celebrated the first Independence Day, it became clear that Anna held so much influence among them that they even went against party supremo Periyar’s dictum. The day also helped bring to the roads all Anna’s strong supporters within the DK, and served as a massive public display of his support base.

In the next few months, it appeared that the strain in Periyar and Anna’s relationship had ended, as Anna took part in an anti-Hindi-imposition conference of the DK in Erode in 1948. But Periyar’s decision to marry Maniyammai was the breaking point, and in 1949, Anna formed the DMK, and subsequently in 1956, the party entered electoral politics despite Periyar’s avowed stance against this.

It was widely believed that the large number of DK cadre celebrating the first Independence Day based on Anna’s call gave him the confidence to launch a new party. Suba Veerapandian, general secretary of the Dravida Iyakka Tamilar Peravai, said that both Periyar and Anna opposed the British rule, and while Periyar boycotted the Independence Day celebrations, it wasn’t just him, but even the likes of Mahatma Gandhi and Jayaprakash Narayan.

Seventeen nurses of private hospital among four fresh COVID-19 clusters in Chennai

Seventeen nurses of private hospital among four fresh COVID-19 clusters in Chennai

As on Friday, the city had 2007 active cases and of the total 39,537 streets in the city, 1068 had active cases. Of these, 869 streets had less than three cases and 44 had five or more cases.

Published: 14th August 2021 06:08 PM |

A passenger who arrived from Kerala gets her samples collected for a Covid test, at the Central railway station in Chennai on Thursday | Martin Louis

By Nirupama Viswanathan

Express News Service

CHENNAI: The Chennai city corporation has in the last few days identified four COVID-19 clusters, each with at least 10 cases. One of the latest clusters identified comprises 17 nurses of a private hospital who were all residing at Royapuram. The corporation has initiated containment measures around the three buildings where the staff from various branches of the same private hospital are lodged.

"Since the staff were well acquainted with the protocol, they isolated roommates with symptoms and were also tested every 15 days. Despite their efforts, a group of 17 have tested positive," said a corporation official. The staff are suspected to have picked up the infection at work.

Another cluster identified more recently was an apartment complex in Yogambal Street in Kodambakkam zone.

ALSO READ: Aadi festival sparks Covid cluster of 24 in Chennai, 47-year-old unvaccinated woman dies

"A couple first tested positive earlier this month. One after the other, nine others in the same apartment who were all extended family members of this couple, tested positive," said another official. The apartment's security guard was also among those who tested positive. In addition, an elderly woman in the next building and the security guard there were also found to be COVID positive.

The couple who were the index cases in the cluster are suspected to have contracted the virus from a private hospital which they visited often for treatment.

Earlier, there were two clusters -- one due to a temple gathering at Varadhammal Garden Street in Pulianthope and another apartment complex cluster at Model School Road in Sholinganallur where 23 tested positive.

"Since we now have a well-oiled system to handle emerging clusters and prevent them from spreading, we are determined to prevent an outbreak. We are also at the same time creating awareness and mobilising people for vaccinations," said a corporation official.

As on Friday, the city had 2007 active cases and of the total 39,537 streets in the city, 1068 had active cases. Of these, 869 streets had less than three cases and 44 had five or more cases.

There are 24 streets in the city with over six COVID-19 cases in Madhavaram, Tondiarpet, Royapuram, Thiru Vi Ka Nagar, Anna Nagar, Teynampet, Kodambakkam, Alandur, Adyar and Sholinganallur.