AIIMS PG Online Entrance Exam: Whether Candidate Is Entitled To Inspection Of Answer Sheets And Revaluation In The Absence Of Regulations? SC To Consider

AIIMS PG Online Entrance Exam: Whether Candidate Is Entitled To Inspection Of Answer Sheets And Revaluation In The Absence Of Regulations? SC To Consider

Shruti Kakkar  Live Law 

22 Sep 2021 6:20 PM

The Supreme Court on Monday (September 20, 2021) agreed to consider whether a candidate who has appeared at the online entrance examination for admission to the postgraduate course conducted by the All India Institute of Medical Sciences would be entitled to inspection of the answer sheets, and to revaluation in absence of such provision in the applicable regulations.

The division bench of Justices DY Chandrachud and BV Nagarathna while issuing notice in the special leave petition filed by The Controller Of Examinations Examination Section, All India Institute Of Medical Science challenging Madras High Court's order dated August 27, 2021 also stayed the operation of the judgement.

"Pending further orders, there shall be a stay of the operation of the impugned order of the Single Judge dated 27 August 2021 and a stay of further proceedings in Writ Petition No 16670 of 2021 and WMP No 17655 of 2021," Court noted in its order.

The Madras High Court bench of Justice N Anand Venkatesh on August 27, 2021, while hearing a writ petition had directed the Controller of Examination, AIIMS to submit a detailed affidavit explaining the process and its stand with regards to the inspection of answer sheets. The affidavit also had to state the effect of the Court seeking for the inspection of answer sheets in the virtual form and the manner in which the same could impact the Controller of Examination's confidentiality.

"These questions are posed only to understand the scope of jurisdiction to be exercised by this Court under Article 226 of the Constitution of India in a changed scenario where everything is done through virtual mode. Under such a changed scenario, if any candidate is not satisfied with the marks awarded to him / her, what will be the remedy that will be left to the candidate," Court had further observed.

Appearing for the Controller of Examination, AIIMS Advocate Dushyant Parashar submitted that in the proceedings before the Madras High Court, Single Judge's attention was drawn to proceedings in which the Supreme Court had stayed the order of Central Information Commission dated July 20th 2015 in which the information watchdog had allowed Sakshi Mathur, a 2013 aspirant, to access the papers and answer keys of 2013 entrance exam.

Upon counsel's submission, the Top Court also directed for tagging the present SLP with SLP (Civil) 7591 of 2019 AIIMS v Sakshi Mathur.

Case Title: The Controller Of Examinations Examination Section, All India Institute Of Medical Sciences V. Lakshmanan Senthil Kumar & Anr

Supreme Court Quashes Madras HC Direction That EWS Reservation In NEET-AIQ Requires SC Constitution Bench Approval

Supreme Court Quashes Madras HC Direction That EWS Reservation In NEET-AIQ Requires SC Constitution Bench Approval

LIVELAW NEWS NETWORK

24 Sep 2021 4:05 PM

The Supreme Court on Friday set-aside the observations in the Madras High Court's order which said that the reservation for Economically Weaker Sections(EWS) in the NEET-All India Quota can be implemented only with the approval of the Constitution Bench of the Supreme Court that is examining the correctness of the 103rd Constitutional Amendment which provided for economic reservations.

A bench comprising Justices DY Chandrachud and BV Nagarathna held that the Madras High Court's observations were unnecessary. The bench said that the Madras High Court was considering a contempt petition seeking implementation of OBC reservation in NEET-AIQ, and hence the observations on 10% EWS quota amounted to a transgression of its jurisdiction.

"Having found that there is no contempt, the High Court has gone into a wider spectrum..there the High Court has really erred. When you are in contempt jurisdiction, you just need to see if the order has been complied or not", Justice Chandrachud remarked.

The Supreme Court was considering a special leave petition filed by the Union Government against the Madras High Court's observations on EWS quota.

Additional Solicitor General KM Nataraj, appearing for the Centre, submitted that the High Court ought not to have made the observations while it was exercising its contempt power.

Senior Advocate Kapil Sibal, appearing for the Dravida Munnetra Kazhagam(DMK) party - which was the petitioner before the High Court in the contempt petition-submitted that the issue is "complicated", and Centre's SLP could be heard along with the other petitions challenging the EWS/OBC quota in the NEET-AIQ. Sibal pointed out that the validity of the 103rd Constitutional Amendment is being examined by the 5-judge bench. Sibal, along with Senior Advocate P Wilson, both appearing for the DMK, did not however object to the findings of the High Court that there is no contempt committed by the Centre.

The Union was aggrieved with the following observation made by a bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu of the High Court in paragraph 66(iii) of its judgment passed on August 25:

"The additional reservation provided for economically weaker sections in the notification of July 29, 2021 cannot be permitted, except with the approval of the Supreme Court in such regard".

The Supreme Court set aside the above observation in the High Court's order. However, the Supreme Court clarified that it is not expressing anything on the merits of the EWS quota in NEET-AIQ, as it is a subject matter of other petition, and that it is setting aside the High Court's order on the sole ground that the High Court transgressed the limits of contempt jurisdiction.

The bench dictated the following order after the hearing :

"We are clearly of the view that the High Court has transgressed into areas which were alien to the issues raised regarding the compliance of the earlier order. Having come to the conclusion that there was no breach of the judgment, rest of the discussion of the High Court in paragraphs commencing from 55 was unnecessary for the purpose of the contempt petition.

We, therefore hold that direction issued in para 66 (3) as alien to the exercise of contempt jurisdiction and shall accordingly stand set-aside.

However, we clarify that the specific direction is set aside not on merits but on sole ground that such direction has transgressed the boundaries of contempt jurisdiction. We are not expressing opinion on the merits of the case since the points will arise in a bunch of petitions pending adjudication".

The Court will hear on October 7 the other petitions challenging the Centre's notification to implement OBC, EWS quota in NEET-AIQ.

Case Title : Union of India v. Dravida Munnetra Kazhagam and others

Add Pallavaram & Chromepet to GCC, urge locals

BETTER THAN TAMBARAM

Add Pallavaram & Chromepet to GCC, urge locals

TIMES NEWS NETWORK

25.09.2021

Residents associations of Pallavaram and Chromepet have raised a flag of rebellion against the government move to merge the municipalities to the proposed Tambaram corporation and have since been holding protests. Seeing the drastic change in conservancy work, road repairs and other upgrades in areas such as Nanganallur after it was merged with Chennai corporation, residents feel that it will be better to join Chennai, which also has experienced officials and better access to funds.

Sources said more than 60 residents associations have sent petitions against the merger with Tambaram. V Govindarajan, a social activist and a resident, said, “Merging these neighbourhoods into the new corporation will not help improve amenities. Pallavaram earns 100 crore annual revenue, which is higher than Tambaram. They will end up using our money but will not bring development to Pallavaram and Chromepet. We do not want that situation.”

“We had sent petitions to the government saying Pallavaram and Chromepet should be merged with GCC. Our MLA too spoke about it in the assembly. We want them to hold a public hearing as a majority of the people are against the proposed move,” he said, adding that residents plan to intensify protests.

The government announcing corporations by adding the areas despite residents’ opposition is undemocratic, said V Santhanam of Chromepet. “Pallavaram and Chrompet are so close to the borders of the Chennai corporation. The areas are far more developed, with commercial complexes, brand outlets, restaurants, bridges and other amenities than Tambaram. It makes more sense to add them to Chennai than to a new corporation,” he added.

However, K P Subramanian, a former CMDA planner, said the upgrade is a good move. “It may not be possible to add all areas to Chennai. But the government should offer a hand-holding in terms of allocating funds and augmenting the staff in all departments such as health, engineering, town planning so that the neighbourhoods can be developed.”

It's going to take more than a name change to make Tambaram a corpn

It's going to take more than a name change to make Tambaram a corpn

Unlike Avadi, Govt Must Set Aside Funds & Expertise To Develop New Corporation Well: Experts

Ayyappan.V@timesgroup.com

25.09.2021

Sarvamangala Nagar in Chitlapakkam was a quiet neighbourhood more than 20 years ago, with mostly independent houses overlooking the Sembakkam lake. Now, almost all streets are crammed with four-storey and five-storey buildings. It lacks good roads, an underground sewage system and proper water supply a perfect example of unplanned urbanisation.

While residents are upbeat that the decision to convert Tambaram into a corporation comprising neighbouring local bodies will bring in better amenities, experts caution that the change in status should reflect on the ground. That means the new corporation should get experienced officers, more functions or powers and funds. They also say the Chennai model should be followed so that Tambaram doesn’t go the Avadi-way, where little has changed since the municipality became a corporation.

D S Sivasamy, former additional director in the local administration department, said the government should ensure an experienced bureaucrat is posted as commissioner and more posts created at zonal level.

With the government notifying the forming of the new corporation, Palvaram, Pammal, Anakaputhur, etc., can be divided into separate zones. The revenue earned by local bodies that will now be under Tambaram will be around 300 crore. But that may not be enough. “Funds are needed because the government often takes away a good portion of the revenue generated by a local body in certain taxes. A local body earns money from tax, building tax, licences, surcharges and stamp duty. But, the government gives only a portion of the surcharges to the local body…,” said Sivasamy.

More officials are needed, municipalities do not have enough. “There is hardly anyone to do a ground check if a project is suggested.”

The new corporation will have to take up underground sewerage work, drinking water supply, relay roads, stormwater drains and improving public transport in almost all the neighbourhoods spread over 87.64sqkm.

In Pallavaram, nothing much has changed in the staff strength after it was made into a municipality. That should not be the case, he added.

Ramakrishnan of Sarvamangala Nagar Residents Association hoped amenities will improve when the areas are attached to a corporation. “The change is evident at the next neighbourhood, which is in Pallavaram municipality. They have better facilities.”

Similar is the hope of residents in many neighbourhoods in Tambaram, Sembakkam, Pammal, Anakaputhur, Chitlapakkam, Madambakkam, Thiruneermalai, Peerkankaranai and other areas who have seen the way Nanganallur got good roads and other amenities after it was attached to Greater Chennai Corporation.

Chengalpet collector Rahulnath said a public hearing will be held after the model code of conduct for local body elections is over. “We have informed the government of the feedback from the people. The GO is a preliminary one. The government will take a final call.”

TIME TO PAUSE & PLAN

Tambaram has undergone rapid, unplanned urbanisation, in photo is Tambaram West. (Above) Work to build a subway to replace a level crossing at Radha Nagar in Chromepet, mooted a decade ago, is underway for many years. The proposed upgrading of Tambaram local body into a corporation is expected to speed up many works such as replacing level crossings to make traffic smooth in the suburbs.

CoWIN to add date of birth for those travelling abroad

CoWIN to add date of birth for those travelling abroad

Neha.Madaan@timesgroup.com

Pune:25.09.2021

People fully inoculated against Covid-19 and wanting to travel abroad will have a vaccination certificate with their full date of birth on the CoWIN app. As of now, the certificate refers only to age based on the year of birth. The new feature may go live by next week.

A senior Union government official with the CoWIN management portal said the introduction of the new feature stems from ongoing technical discussions between India and the UK on CoWIN certification. A senior official with the portal told TOI, “We believe that the UK wants the date of birth format in the CoWIN certificate as per WHO standards — in the ddmm-yy format — for international travellers. Hence, the same feature will be introduced in certificates for those going abroad.”

The UK government’s relaxed travel rules come into force from October 4. “You must be able to prove that you have been fully vaccinated (plus14 days) with a document (digital or paper-based) from a national or state-level public health body that includes, as a minimum, forename and surname(s), date of birth, vaccine brand and manufacturer, date of vaccination for every dose, country or territory of vaccination and/or certificate issuer. If your document from a public health body does not include all of these, you must follow the non-vaccinated rules. If not, you may be denied boarding,” the website added.

A senior official from the ministry of health and family welfare told TOI, “No changes are required in the current CoWIN certificates as the format is in sync with WHO standards.”

Can’t speak or hear but aces IAS in first attempt

Can’t speak or hear but aces IAS in first attempt

36 TN Candidates Crack CSE 2020

Chennai:25.09.2021

D Ranjith, a 27-year-old differently abled candidate from Coimbatore with hearing and speech impairment let his achievements speak on Friday by securing 750th rank in the tough civil services exam in his first attempt, reports Ragu Raman.

His mother, who did her BEd in special education and taught him lip reading, was lost for words after the UPSC declared the results on Friday. Her son, a topper among differently abled category who wrote the exam in Tamil, is likely to get the coveted IAS.

“We were worried about his future. But today all our worries have gone and we are happy and proud,” Ranjith’s mother Amrithavalli told TOI.

Ranjith chose Tamil literature as his optional subject and wrote the exam in Tamil.

“He would sit on the front row and read our lips while attending classes,” K Sabarinathan, one of the trainers who coached him on current affairs, said.

Narayana Sarma V S from Coimbatore got the all India 33rd rank and emerged state topper.

This year, 36 students from Tamil Nadu have cracked the exam. Last year, 45 TN candidates were succesful.

SC nod must for EWS reservation: Apex court nixes Madras HC order

SC nod must for EWS reservation: Apex court nixes Madras HC order

AmitAnand.Choudhary@timesgroup.com

New Delhi:25.09.2021

A two-judge bench of the Supreme Court headed by Justice D Y Chandrachud on Friday quashed an order of the Madras high court directing the Centre to first get approval of the top court before implementing 10% reservation for economically weaker sections (EWS) in all-India Quota for medical admissions. 

In a related development, another bench headed by CJI N V Ramana stayed the proceedings of a PIL before the Kerala HC that challenged the validity of the 103rd Constitution Amendment Act, 2019, providing for 10% EWS quota in jobs and admissions to government educational institutions.

The bench of Justices D Y Chandrachud and B V Nagarathna said the Madras HC had erred in passing the order while adjudicating a contempt petition filed by the DMK on OBC reservations. The order was “unnecessary” and was “alien” to the subject matter it was adjudicating upon, the judges said, but made it clear that they were not passing an order on the merit of the case or expressing any view on the reservation policy. “These observations were not connected with the case. The HC has gone beyond the contempt jurisdiction by making unnecessary observations,” the bench said.

SC flags juvenility plea of convicts

Nearly a decade after giving convicts the right to raise juvenility plea at any stage, the SC on Friday said there may be a need to review the ruling after an accused in a gang-rape case raised the the plea of juvenility after 22 years. P 15

SC stays Kerala HC trial on 10% EWS quota in jobs plea

The bench, however, agreed to examine a batch of petitions against the Centre’s decision to extend 27% reservation for OBCs and 10% for EWS category in PG medical admissions and asked the government to file its response to decide on the plea for interim stay of the policy as pleaded by a group of MBBS doctors who are aspiring to pursue higher medical education.

The doctors have approached the apex court through advocate Vivek Singh and sought interim stay on the notification issued by the Centre on July 29. The petitioners alleged that the attempt to provide for reservation in All-India Quota (AIQ) seats in PG medical courses is clearly contrary to the law laid down by the apex court and the general category students applying for PG medical courses are being reduced to a minuscule minority.

“The attempt of Union of India to provide for reservation in All India Quota of 50% seats in PG medical course is clearly contrary to law laid down by this court. It is pertinent to note that 50% All India Quota was a tool devised by this court to provide seats without any preference of any nature, solely on the basis of merit to the students. It is clear that to overcome the difficulty of institutional preference and high percentage of reservation, this court directed that 50% seats should be reserved in PG medical courses for All India Quota which will be without any reservations,” the petition said.

“In view of the above facts the impugned notification for reservation of 27% to the OBC candidates and 10% to EWS in All India Quota is not only in clear contravention of the judgement of of this court but also defeats the entire purpose for which seats were carved out,” it said.

In a related development, a bench headed by CJI N V Ramana stayed the proceedings before the Kerala HC on a PIL challenging the validity of 103rd Constitution Amendment Act, 2019 providing for 10% EWS quota in jobs and admissions to government educational institutions.

Solicitor general Tushar Mehta informed a bench headed by CJI N V Ramana that when the SC is seized of the issue, it would not be appropriate for the Kerala HC to proceed with the same exercise in a parallel proceeding. The bench issued notice to PIL petitioner Nujaim PK and stayed the proceedings before the HC.

On August 5 last year, a three-judge bench of the SC had accepted the Centre’s request to transfer all similar cases pending in various HCs challenging the 10% EWS reservation to the Supreme Court and had also referred the matter to five judge bench, saying that the petitions raised a substantial question of law having great importance.