Promotion – Posting upon Promotion – Petitioner, promoted to the post of Elementary School Head Master, objected to his posting at a new school without an NCC unit – Claimed entitlement to continue at his current school with an NCC unit – Court held that service rules mandate petitioner’s liability to serve anywhere in Haryana – Guidelines for NCC postings do no...
Penal Law – Firing on Fishermen – Compensation and Quashing of FIR – An unfortunate incident occurred on 15.02.2012, where two Indian fishermen were killed after being fired upon by two Italian Military Naval officials from a passing ship. Following the award of the Arbitral Tribunal under UNCLOS, the Republic of Italy agreed to pay Rs. 10 crores as compensation. The Supreme Cour...
Live-in Relationship – Protection of Life and Liberty – Petitioners, a minor girl aged 14 years and 8 months, and a 20-year-old boy, sought protection from their families – Held, legitimacy of live-in relationships requires certain conditions – Court found petitioners' claim of live-in relationship unsupported due to minor status of petitioner No.2 – Directed SSP,...
Regularization of Contract Employees – Appointment Legitimacy – Petitioners sought directions for regularization of services, claiming long-term engagement on contractual basis – Held, unclear whether appointments were made after inviting applications and selection among applicants – Reliance on judgments in Umadevi and Sheo Narain Nagar misplaced – Supreme Court in U...
Education Law – Correction/Change in CBSE Certificates – The Supreme Court examined the constitutional and statutory validity of the CBSE Examination Byelaws, 2007, in relation to requests for correction or change in the certificates issued by CBSE. The Court observed that the Byelaws, which impose limitations on corrections to be consistent with school records, cannot override an indi...
Contempt of Court – Willful Disobedience – The Supreme Court emphasized that contempt action should proceed only for established willful disobedience of the Court's orders. The term "willful" requires intentional, conscious, and deliberate action with full knowledge of the consequences. It excludes casual, accidental, bona fide, or unintentional acts or genuine inability ...
Contempt of Court – Interim Order Merger – Petitioner alleged willful disobedience of interim order dated 20.03.2020 in CWP No.6988 of 2020 – Held, interim order merges with the final order upon disposal of writ petition – Interim order ceases to operate post-final judgment – Contempt petition dismissed as interim relief was contingent upon the writ's outcome, whi...
COVID-19 Vaccination Data – Submission Requirement – The Supreme Court directed the Central Government to provide complete data on the purchase history of COVID-19 vaccines within two weeks, detailing the vaccination progress and the steps to ensure drug availability for mucormycosis treatment. The Court highlighted the need for transparency in government procurement and distribution p...
Admissions – B.Tech Courses – COVID-19 Pandemic – The Supreme Court addressed an appeal challenging the High Court's decision to permit admissions to B.Tech courses based on qualifying exam marks due to the pandemic. The Court held that this decision was contrary to Section 3(1) of the Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees)...
Teachers Transfer Policy – Weightage of Points – Clause 6 – Petitioners challenged the policy on grounds of discrimination and inaccuracies in the online portal showing vacant posts – Court held the policy aimed at uplifting education standards in higher classes and did not suffer from arbitrariness or discrimination – Emphasized that administrative decisions applicab...