Constitutional Law – Disability Rights – Admission to Medical Course – Rights of Persons with Disabilities Act, 2016 - appellant, diagnosed with a speech and language disability of 44%, was denied admission to the MBBS course under the PwD category due to National Medical Commission guidelines disqualifying candidates with a disability exceeding 40% – Held: The strict...
Fraud Classification – RBI Master Circular – Natural Justice – The petitioner company sought to quash PNB's action of declaring its account as 'fraud' without prior notice or hearing – The court held that the declaration of the petitioner's account as fraud, without following the principles of natural justice, violated RBI guidelines – Held: The petiti...
Termination of Mid-Day Meal Implementing Agency – Violation of Principles of Natural Justice – The petitioner challenged the termination order dated 09.09.2024 issued by the 7th respondent, terminating the petitioner as the Mid-Day-Meal Implementing Agency without assigning any reasons or giving an opportunity of hearing – Court held: The termination was in violation of the princ...
Administrative Law – Correction in Educational Records – CBSE By-Laws – Petitioner requested corrections to reflect her biological mother’s name in her Class 10th certificate, which currently shows the name of her stepmother due to her father’s remarriage – Held: The correction was permitted, considering the petitioner’s fundamental right to be recognized ...
Quashing of Proceedings – Criminal Miscellaneous – Petitioners accused under Section 420 read with Section 34 IPC, relating to an alleged fraudulent act – The High Court noted that the trial courts and tribunals often adjourn matters based on oral submissions of stay orders, without verifying if such orders exist – In this case, the trial court had adjourned the case for se...
Writ Jurisdiction – Tender Process – Preferential Policy – Petitioner, a micro enterprise registered under Udyam, challenged the tender terms for excluding it from the benefits under Assam Procurement Preference Policy, 2021, and the Procurement Preferential Order, 2017 – Court found that the petitioner did not meet the eligibility requirement of 10 years of existence as st...
Illegal Appointment – Claim for Salary – Appointment Against Non-Existent Post – The appellant was appointed as a stipendary teacher, but the post she was appointed to had already been filled – Held: The appointment of the appellant was against a non-existent post, rendering her appointment illegal, and thus, she is not entitled to claim any salary for the period of her ser...
Employment Law - Appointment Process – Provisional vs. Final Merit List – The petitioner, who was ranked first in the provisional merit list for the post of ANM, challenged the appointment of the respondent, who was ranked first in the final merit list after re-scrutiny – Held: Mere empanelment in a provisional list does not confer an indefeasible right to appointment. The final ...
Election Law - No Confidence Motion – Compliance with Section 54(2)(c) of Odisha Municipality Act – Petition Dismissed - The petitioners challenged the validity of a notice issued by the Collector calling for a vote of no confidence against the Chairperson of Purusottampur N.A.C., arguing that the notice was not accompanied by the requisition and resolution as mandated by Section 54(2)...
Civil Procedure – Recall of Ex-Parte Decree – The petitioner sought to recall an ex-parte decree passed by the Sub-Judge under Order 8 Rule 10 of the CPC – The petitioner argued that the decree was passed without affording him sufficient opportunity to defend his case – The court dismissed the writ petition, holding that judicial orders of civil courts cannot be challenged ...