Armed Forces – Recruitment – Medical Disqualification – Liver Function – Petitioner disqualified from Agniveervayu selection process due to abnormal liver function tests – Medical guidelines under Clause 83 of the Manual of Medical Examinations specify disqualification only in cases such as Grade II/III fatty liver, SOL, or portal hypertension – Court held: Mere...
Service Law – Dismissal of Bank Officer – Alleged Fraudulent Bond Transaction – Disciplinary Proceedings – Judicial Review – Petitioner, a Chief Manager with an unblemished record, dismissed after internal disciplinary proceedings found him guilty of diverting ₹5,00,000 by issuing a false RBI Bond in the name of a customer – Petitioner claimed the act was a pr...
PIL - Wildlife Law – Possession of Ivory – Notification under Section 40(4) of Wild Life Protection Act – Gazette Publication Mandatory – State issued notifications permitting declaration of ivory articles by a film actor and granted ownership certificates – Notifications not published in the Official Gazette – Held: Power under Section 40(4) must be exercised s...
Civil Writ - Service Law – Suspension – Rule 10 of KCS (CCA) Rules – Petitioner, a Panchayat Development Officer, suspended based on a video clip allegedly showing him accepting illegal gratification – Suspension order issued by Disciplinary Authority based on communication from CEO – Tribunal declined interim relief – High Court held that suspension under Rule ...
Criminal writ - Preventive Detention – Article 19(1)(a) vs Article 22 – Detention Held Valid – Petitioners contended that detention for making speeches affecting public order infringed their right to free speech under Article 19(1)(a) and was therefore unconstitutional – Supreme Court reaffirmed the principle laid down in A.K. Gopalan v. State of Madras that a law relating ...
Civil Writ - Admissions Policy – Community Quotas – Articles 29(2), 15(1), 13 – Communal G.O. Struck Down – Petitions under Article 226 assailed the Madras Government’s communal proportions for college admissions – Held: Article 29(2) guarantees an individual citizen’s right not to be denied admission to State-maintained/aided institutions on grounds only ...
Civil Writ - Challenge Constitution to the validity of the Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950 - Maintainability – Locus Standi – Article 32 – Company vs Shareholder Rights – Petition Not Maintainable Where Shareholder Challenges Law Affecting Company Alone – An individual shareholder cannot invoke Article 32 to challenge legislation...
Civil Writ - Article 226 – Interim Relief as Sole Relief – Not Permissible – The Orissa High Court declined to decide parties’ rights yet granted interim directions maintaining possession to bridge the Section 80 CPC notice period – Held: Article 226 cannot be used to grant interim relief as the only and final relief; interim orders can be made only in aid of, and anc...
Writ Jurisdiction – Maintainability – Civil Suit Pending – Petitioner challenged the review order passed by Collector under Section 15 of the Punjab Land Revenue Act, 1887, concerning mutation of lease deed – Review application was filed after 25 years – Petitioner had already filed a civil suit questioning the legality of the same order dated 26.02.2008 – Held:...
Civil Writ - Public Employment – Communal Reservation – Article 16 of the Constitution – Communal G.O. Declared Void – The petitioner, a qualified Brahmin advocate, was denied selection for the post of District Munsif under a communal reservation scheme that allocated posts to specific castes and communities – The Court held that while Article 16(4) allows reservation...