Writ Petition - Forfeiture of Earnest Money - Clerical Error in E-auction Bid - Unjust Enrichment - Article 226 of the Constitution of India - Petitioner submitted a price bid of Rs. 17,900 per quintal instead of Rs. 1,790 per quintal due to a clerical error. Authorities were immediately informed but did not permit rectification, leading to cancellation of allocation and forfeiture of earnest mone...
Administrative Law - Correction of Name - Article 226 of Constitution of India - Rule 69.1(ii) CBSE Rules - Correction of mother's name in matriculation certificate sought for filling admission forms in colleges supported by relevant documents and affidavit of mother - CBSE denied request on the ground that school records do not support the desired correction - Held, denial unsustainable - Wri...
Punjab Agricultural Produce Markets Act - Market Fees - Vires of Rule 29(7): Petition challenging Rule 29(7) of the Punjab Agricultural Produce Markets (General) Rules, 1962 - Rule deemed agricultural produce bought or sold in a market area if agreement, weighment, or delivery occurred there - Held, Rule 29(7) ultra vires as it exceeds the authority granted by Section 23 of the Act by expanding de...
Constitutional Law - Institutional Preference in Admissions - Article 14 - Validity of University-Wise Distribution of Seats - The court upheld the institutional preference policy for admission to PG medical courses, which grants 50% of state quota seats to candidates from the same university. The policy was found to be neither illegal nor unconstitutional, and not violative of Article 14. The Sup...
Constitutional Law - Right to Appointment - Articles 14 and 16 - Appointment to advertised posts when vacancies remain unfilled - State cannot arbitrarily refuse to fill vacancies from the merit list - The court held that the petitioner, being the next in order of merit and having participated in the selection process, was entitled to appointment when posts remained vacant. The refusal to appoint ...
Mining Law - Auction Methods – Writ Petition – Change from reverse bidding to progressive bidding – State pre-determines costs in reverse bidding – Lowest bid wins contract – Progressive bidding removes cap on sale price – Bidders determine mine value – Higher revenue expected from progressive bidding – Petition dismissed. [Paras 4-5A]
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High Court Judges (Conditions of Service) Act, 1954 - House Rent Allowance – Writ Petition – Entitlement to benefits as admissible to a sitting Judge – Petitioner, retired judge and President of State Consumer Disputes Redressal Commission, denied official residence – Held, entitled to HRA @ Rs. 6000/- per month – Respondent's failure to provide accommodation viol...
Punjab Regional Town Planning and Development Act, 1995 - Forfeiture of Amount – Writ Petition – Section 45(3) as amended in 2013 – Petitioner surrendered plot – 10% forfeited under amended provisions – Allotment letter issued prior to amendment – Held, Section 45(3) is a substantive provision – Amendment operates prospectively – Forfeiture under pre...
Electricity Act, 2003 - Erection of Power Transmission Towers – Writ Petition – Non-opportunity of hearing – Held, no hearing contemplated against laying of lines – Decision to mark route for electric lines is highly specialized and technical – Route may run through various lands, making individual hearings impractical – Only right available to landowners is to ...
Constitutional Law - Article 226 - Incentive Marks for Rural Service – Petitioners, Rural Medical Officers, challenged Clause 17(iii) of the notification dated 29.03.2017 – The clause restricted the incentive of 30% marks for rural service to PCMS/PCMS(Dental) doctors and for admission to government colleges only – Held, the incentive must be granted to all those who rendered ser...