Education Law – Reservation - All India Quota – MBBS/BDS admissions – 15% quota must be fully effective – States/colleges cannot reduce quota by late counseling or withholding seats – Any deliberate delay to revert seats to State quota deprecated – Strict compliance with admission schedule mandatory [Paras 2–7, 13–14].
Admission Schedule – B...
Environmental Protection – Taj Trapezium Zone – Brick Kilns – Committee Mechanism – Pursuant to Court’s order dated 11.09.2003, a Special Committee comprising representatives of CPCB, ASI, MoEF and UPPCB was constituted to decide applications for restarting kilns – Applications pending before Court dismissed as withdrawn with liberty to approach Committee &ndash...
Competition Commission – Selection of Chairperson/Members – Rule 3 of the 2003 Rules – Separation of Powers – Judicial Primacy Sought – Adjudication Deferred - Petitioner (advocate) assailed Rule 3 as unconstitutional, urging CJI-led selection and a judicial Chair; Union described CCI as an expert/regulatory body and placed on record proposed amendments to provide a C...
Administrative Tribunals – Abolition of State Administrative Tribunal – Section 74(1) of M.P. Reorganisation Act – Constitutionality Upheld – Petitioners challenged the abolition of the M.P. State Administrative Tribunal and questioned the vires of Section 74(1) of the M.P. Reorganisation Act, 2000 – Held: Parliament was competent to enact the provision empowering suc...
Medical Education – Post-Graduate Admissions – All-India Quota – Prospective Application of Judgment – Clarification Allowed – Following the Constitution Bench judgment in Saurabh Chaudhary (2003), which increased the All-India PG quota from 25% to 50%, applications were filed seeking clarity on its applicability to ongoing admissions – Held: The judgment shall ...
Judicial Service Law – Pay Revision – Assistant Registrars – Writ of Mandamus – Jurisdiction of Chief Justice of High Court – Scope of Article 229 of Constitution – Approval Requirement – Judicial Review
Mandamus – Issuance Against Union of India – High Court directed Union of India to revise pay scale of Assistant Registrars from Rs. 2000-3...
Labour Law - Industrial Tribunal – Jurisdiction to recall award – Tribunal retains jurisdiction until award becomes enforceable (30 days after publication under Section 17A ID Act) – Application for recall made prior to enforceability – Tribunal not functus officio – Correct view taken by High Court relying on Grindlays Bank [Paras 15–16].
Review powers &ndas...
Right to Information – Article 19(1)(a) – Fundamental right recognised – subject to reasonable restrictions under Article 19(2) – Court affirms that the right to information is a facet of freedom of speech and expression – international instruments (UDHR, ICCPR, ECHR) noted – but the right is not absolute and yields to security and public interest exceptions &nd...
Taxation Law - Excise Exemption – North East Industrial Policy – Notification No. 32/99-CE dated 08.07.1999 – Retrospective withdrawal of benefit for cigarettes by Section 154, Finance Act 2003 – Upheld – Parliament has plenary competence to amend or withdraw exemptions prospectively or retrospectively – Exemption suspends liability; no vested right accrues &nda...
Writ – Territorial Jurisdiction - Article 226(2) – Cause of Action – Parliament’s Seat Irrelevant – Passing of Law Not Sufficient – Writ Jurisdiction Depends on Cause of Action – The Court held that territorial jurisdiction under Article 226(2) turns on where the cause of action, wholly or in part, arises – the mere fact that Parliament is seated in ...