Judicial Review – Tender Matters – Disputed Questions of Fact – Writ Jurisdiction under Article 226 – Petitioner sought cancellation of tender and award in his favour alleging higher revised bid and violation of tender conditions – Rival parties produced mutually contradictory documents regarding the amount of revised bid submitted – Held: Where adjudication req...
Service Law – Compassionate Appointment – Fraud and Misrepresentation – Appointment void ab initio – Petitioner, claiming to be son of deceased employee Sumitra Devi, secured appointment on compassionate grounds – Inquiry revealed petitioner was son of Yashoda Devi, not Sumitra Devi – Legal heir and succession certificates found to be obtained by suppression of ...
Service Law - Human Rights Commission – Chairperson’s pension entitlement – Rule 4 of 2002 Rules (as amended 2012) – “Parity clause” ensures equivalence with Chief Justice but does not create right to dual pensions – Legislative policy of “one career, one pension” affirmed – Writ petition dismissed [Paras 15–18, 23–27].
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Election Law – Writ of Quo Warranto - Reservation and Caste Certificate – Requirement for Reserved Posts – Appellant contested and won election for Zila Panchayat Member from a seat reserved for OBC category – Appellant submitted an affidavit claiming OBC status ("Pal Baghele") but admittedly did not possess a caste certificate – Held: A candidate contesting...
Land Laws – Validity of Housing Site Allotment (Patta) – Requirement of Prior Approval – Section 122-C of U.P.Z.A.L.R. Act – Petitioner claimed title over land based on a Patta allegedly granted by the Gram Pradhan in 1973/1981 without producing the actual lease deed or Form 49-F – Held: Section 122-C(2), introduced by the 1971 Amendment, mandates prior approval of th...
Constitutional Law – Judicial Review of Economic Policy – Revision of Property Tax – Akola Municipal Corporation revised property tax rates after a gap of 16 years (since 2001) – High Court quashed the resolution citing procedural lapses – Held: The High Court exceeded its jurisdiction by sitting in appeal over a policy decision. Tax revision falls squarely within the...
Education Law – Withholding of Original Certificates – Petitioner, an MBBS student, withdrew mid-course due to health reasons and sought return of original certificates for admission to another university – Respondent institution withheld certificates citing pending balance fee for IV and V year – Held: Retaining original documents of a student is not a lawful means for fee...
Judicial Service Examination – Answer Key Dispute – Preliminary Examination – Petitioner secured 58 marks against qualifying mark of 60 – Objected to final key answers to Questions 86 and 98 – Court held Question 98 answer inconsistent as options A and C were accepted, but B (a part of C) was disallowed – Held: Denial of mark for option B unsustainable – P...
Criminal Writ - Habeas Corpus - Preventive Detention – Right to Representation – Failure to Inform – Violation of Article 22(5) – Context of detention order passed by District Magistrate under NSA – Held: Article 22(5) of the Constitution confers two distinct rights: the right to be informed of the grounds of detention and the right to be afforded the earliest opportu...
Municipal Law – Unauthorized Construction – Cancellation of Building Permission – Petitioner challenged inaction by municipal authorities in taking steps against alleged illegal construction by private parties – Court found that authorities had issued notices under Sections 452 and 461 of APMC Act – Respondents claimed deviations were minor and compoundable – He...