Tender Process - Qualification Criteria of Bidders - Judicial Review – Petitioners, non-CPWD contractors registered with the Union Territory of Chandigarh, sought eligibility to submit bids for an e-tender without being registered with the CPWD – Held, the court cannot alter, amend, or modify the eligibility criteria stipulated by the party inviting the tender – The entity inviti...
Seniority - Rules and Executive Instructions - Judicial Review – The case involved a seniority dispute among Lecturers appointed through different selection processes. The 2001 Rules and the 1994 Rules were silent on the determination of inter-se seniority between different batches. The court held that in the absence of specific rules, executive instructions dated 24.11.1962, which determine...
Constitutional Law - Right to Education - Administrative Lapses - Judicial Review – The petitioner completed her first year of M.Sc. (Nursing) and immediately applied for the second year by paying the requisite fee. However, she discontinued her studies to join as a Staff Nurse in the Government of Punjab. In 2015, she applied to continue her second year but her application was rejected due ...
Limitation Act, 1963 - S.3 - Civil Procedure Code, 1908 - O.14 Rl.1 - Limitation as a Legal Issue - Non-framing of Issue - Judicial Review – Held, the absence of an explicit issue on limitation by the trial court does not invalidate the question of whether the suit was within the period of limitation. Limitation is a fundamental issue, and the court must consider it regardless of whether it ...
Service Law - Disciplinary Proceedings - Supervisory Responsibility and Delay – Petitioner, a retired District Food and Supplies Controller, faced allegations of supervisory lapses and damage/shortage of wheat gunny bags dating back to 1989 – Inquiry initiated six years later in 1995 and completed in 2002 found no lack of supervision by the petitioner – Competent authority's ...
Employee’s Compensation - Provisional Payment and Penalty for Delay – It is mandatory for employers to pay provisional compensation immediately after an accident – Failure to do so within the prescribed period necessitates penalty proceedings – The Commissioner must issue a show cause notice and provide a reasonable opportunity to the employer before imposing penalties &nda...
Land Law - Common Lands - Shamlat Deh and Jumla Malkan – The Court held that there are two primary types of lands for common purposes: 'Shamlat Deh' lands vest with the Panchayat under Section 4 of the Punjab Village Common Lands (Regulation) Act, 1961, while 'Jumla Malkan' lands, reserved under Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmenta...
Constitutional Law - Gram Panchayat Autonomy - Utilization of Funds – Petitioners, Gram Panchayats, challenged State instructions dated 05.02.2015 directing transfer of grants to the Executive Engineer for executing development works – Court held that Gram Panchayats are bodies corporate and institutions of self-government as per Articles 243, 243-G, and 243-H of the Constitution &ndas...
Constitutional Law - Transfer Policy - Medical Grounds – Petitioner's transfer orders dated 17.09.2016 and 01.12.2016 were challenged based on the medical condition of her daughter, who suffers from "Epilepsy Severe Mental Retardation" – Transfer policy dated 29.06.2016 did not include this condition in the notified list of diseases – Court directed the respondents ...
Medical Education - Incentives for In-Service Candidates - NEET and PG Admissions – The petitioner challenged Clause 2 of the State government notification dated 21.04.2017, which provided a maximum incentive of 20% of marks obtained in NEET to in-service candidates and Clause 7 of the Prospectus giving additional weightage to candidates passing MBBS/BDS from recognized colleges in Haryana &...