Constitutional Law – Quo Warranto – Petition challenging appointment of Vice Chancellor of Sardar Patel University – Allegation of non-compliance with UGC Regulations mandating ten years’ experience as professor – Search committee composition questioned – Supreme Court held UGC Regulations binding on state universities receiving central financial assistance &nda...
Constitution of India - Article 226 - Writ Petition - Specific Performance of Contract - High Court dismissed writ petition seeking specific performance of a contract after significant delay - Supreme Court upheld High Court's decision, noting that writ petitions for specific performance are not maintainable especially after long delays [Paras 4-6].
Delay and Laches - Representati...
Employment - Caste Certificate - Termination - Appellant's services terminated for not belonging to the Scheduled Tribe community as claimed - High Court upheld termination - Appellant contended termination was without notice and recovery of salary unjustified - Supreme Court upheld termination but provided relief from recovery of salary due to lack of fraudulent intent and principles of natur...
Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...
Resignation – Constructive Dismissal – Sexual Harassment – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior, dated 15th July 2014, cannot be construed as voluntary. Order dated 17th July 2014 accepting the resignation quashed – High Court's acceptance of resignation found without proper consideration of the coercive circu...
Constitution of India – Article 21 – Premature Release – Application for Premature Release: The Supreme Court held that the order rejecting the application for premature release lacked application of mind to relevant circumstances. The order merely noted potential resentment among the victim's side and the petitioner's extremist nature without considering the petitioner...
Constitutional Law – Article 32 – Premature Release – Petition seeking premature release from prison based on policy at the time of conviction – Petitioner served 22.5 years without remission and almost 28 years with remission – Supreme Court directs consideration under the 2018 policy, as recent changes in 2021 policy imposing age limit are prima facie unsustain...
Legislative Procedure – Suspension of MLAs – Challenge to the suspension of 12 MLAs for disorderly behavior – Supreme Court emphasizes that long-term suspension impacts the representation of the constituency more severely than expulsion, disqualification, or resignation – Held that the suspension for one year is unreasonable, irrational, and arbitrary – Impugned ...
Constitutional Law – Reservation in Education – Constitutional validity of OBC and EWS reservation in AIQ seats – Permissibility under Article 15(5) – Reservation in postgraduate medical courses not prohibited – Reservation as a means to ensure substantive equality and address structural barriers faced by disadvantaged classes – Constitutional amendment and legi...
Education – Admission – Reservation Policy – The Supreme Court addressed challenges to the reservation policy in the AIQ seats under NEET for OBC and EWS categories – Upheld the 27% reservation for OBC and 10% for EWS in AIQ seats – Directed the commencement of counseling based on the existing criteria, with future applicability subject to final adjudication [Paras 1-...