Employment Law - Absorption in Government Department – Valid Exercise of Option Required – Claim Denied – Petitioner claimed adjustment in GWS&I after abolition of his post in OLIC, but failed to establish he exercised a valid option within stipulated time – Held: Absence of timely option and pending VRS application disentitles petitioner to absorption under transfer ci...
Civil Writ – Appointments - Minority Institutions – Applicability of UGC Regulations, 2018 – Minority Institutions' Right to Administer – Selection Committees – Minority educational institutions have the fundamental right under Article 30(1) to administer their institutions, including the right to appoint staff – The UGC Regulations, 2018 prescribing the com...
Civil Writ - Employment Law - Recruitment Process – Statutory Compliance – Statute 415 of Pune University – Selection Process Vitiated – Petitioners alleged manipulation, lack of quorum, superficial interviews, and tampering of interview records – Management’s failure to comply with Circular No. 102/2023 requiring same-day submission of selection records –...
Civil Law – Sale Decree Challenged - General Power of Attorney – No Express Authority to Sell – Sale Deeds Held Void – Power Misused - Plaintiff executed GPA for property management in favour of his brother-in-law – GPA holder executed sale deeds to his own relatives without plaintiff’s consent – Held: GPA lacked explicit authority to sell and sales were w...
Civil Writ - Recruitment – Eligibility Criteria – One-Year LLM Degree – Arbitrary Exclusion – Provisional Selection List Quashed – Petitioner, though securing first rank in written exam, excluded on ground that her LLM was of one-year duration – Notification did not specify LLM must be of two-year duration – Held: Arbitrary to exclude candidate where UGC r...
Civil Writ - Expunging Remarks – Scope of Judicial Commentary – Trial Court Observations Against Non-Party Officer – Not Interfered With - The petitioner, a police officer, sought expunging of remarks made against him by the Trial Court despite not being an accused or witness – The Trial Court had only directed the Superintendent of Police to conduct an inquiry based on the...
Civil Writ - Teacher Recruitment – Validity of Selection Advertisement – Supreme Court Binding Directions – Relief Denied - Petitioners sought a direction to commence the recruitment process as per the Advertisement dated 07.12.2012 – Supreme Court in Shiv Kumar Pathak (2018) had already moulded relief by permitting the State to issue a fresh advertisement for remaining vac...
Civil Writ - Birth Certificate – Single Parent Registration – Claim Without Denial of Paternity – Petition Dismissed – Petitioner, though acknowledging respondent No.3 as biological father, sought issuance of birth certificate naming only herself as parent – Held: Request undermines welfare of child and attempts to mask paternity without legal basis [Paras 3–6]....
Civil Law - Will – Proof Requirement – Attesting Witness Not Examined – Will Held Unproved – Both courts below accepted the Will based solely on scribe’s statement – Held: Under Section 68 of the Evidence Act read with Section 63 of the Succession Act, at least one attesting witness must be examined to prove execution – Mere testimony of scribe not suffici...
Civil Writ - Rejection of Appointment - Public Recruitment – Biometric Mismatch – Candidate’s Identity Not Disputed – Rejection Unwarranted – Petitioners' biometric data failed to match at exam exit/document verification but matched at entry – LIC rejected appointment solely based on TCS biometric report – Held: Identity not disputed, no fraud alleged ...
