Reservation in Public Employment - Constitutionality - Writ Petition challenging 100% reservation for specific categories in appointment of Pre-Primary School Teachers - Held, 100% reservation not permissible under the Constitution - State directed to issue fresh advertisement allowing only 50% reservation, ensuring equality of opportunity. [Paras 1-34]

Equality in Public Employment - Analysis - Held - 100% reservation violates Articles 14, 15, 16 - Reservation beyond 50% requires special justification - Supreme Court precedents emphasized on equality and non-discrimination in public employment opportunities - State action deemed arbitrary and violative of constitutional principles. [Para 34]

Decision - Quashing Advertisement and Directing Fresh Process - Petition allowed - State to issue new advertisement for Pre-Primary School Teachers with corrected reservation policy - Ensuring compliance with constitutional mandates on equality. [Para 35]

Right of Redemption – Interpretation under SARFAESI Act – Petitioners contended the right of redemption continues till the sale certificate is issued and conveyed. The court held that the amendment to Section 13(8) of the SARFAESI Act does not extinguish the mortgagor's right of redemption until the sale certificate is executed. The court emphasized the continuous applicability of Section 60 of the Transfer of Property Act, 1882, and noted that the right of redemption persists beyond the auction date until the issuance of a sale certificate. – Held that the amended Section 13(8) of the SARFAESI Act is intended to regulate the secured creditor's right to transfer the secured asset and not to alter the right of the mortgagor to redeem the mortgage. – Writ Petition allowed subject to the petitioners paying the outstanding dues within four weeks. If not, the petition stands dismissed with costs. [Paras 55-93, 132]

Writ Jurisdiction – Maintainability – Despite SARFAESI Act providing a complete code for expeditious recovery of dues, the court held that relegating the petitioners to the statutory remedy after a prolonged period would be inappropriate. The court also considered the non-functioning state of the Debts Recovery Tribunal as a factor in favor of maintaining the writ jurisdiction. – Held that the plea for dismissal of the writ petition on grounds of non-maintainability was rejected. [Paras 94-98]

Decision:

Right of Redemption Upheld – Court held that the right of redemption is not extinguished till the execution of the sale certificate. The writ petition was allowed with the condition that the petitioners must pay the entire outstanding dues within four weeks. If not complied, the petition will be dismissed with costs. The court directed the bank to refund the auction purchasers with interest if the petitioners fulfilled their payment obligations. [Paras 132]

Negotiable Instruments - Interim Compensation - Criminal Revision against Trial Court order directing interim compensation under Section 143-A of the Negotiable Instruments Act - Provisions of Section 143-A held directory, not mandatory - Magistrate's discretion should not be exercised capriciously or arbitrarily - Order set aside due to lack of well-founded parameters and reasoning. [Paras 1-6]

Role of Magistrate in Ordering Interim Compensation - Analysis - Held - The discretion under Section 143-A must be exercised thoughtfully and not arbitrarily - Absence of deliberate delay by accused and frivolous exemptions must be considered - Order lacks elaboration on these parameters, making the exercise of discretion unfounded. [Paras 3-5]

Decision - Setting Aside Interim Compensation Order - Petition allowed - Impugned order directing interim compensation set aside due to arbitrary exercise of discretion by Magistrate. [Para 6]

Criminal Law - Quashing of FIR – Non-compliance with Proclamation Notice Requirements - Petition seeking quashing of FIR for offences under Section 174A IPC and Section 138 of the Negotiable Instruments Act. Held, the mens rea for the commission of an act under Section 174A IPC arises only when there is complete compliance with Section 82(2)(i) Cr.P.C., which includes public proclamation and publication in newspapers. The magistrate must follow the mandates of Section 82(2)(ii) Cr.P.C., ordering publication in newspapers. In the present case, the executing officer did not properly serve the proclamation notice. Therefore, the FIR and subsequent proceedings were quashed due to the lack of statutory compliance, resulting in no valid basis for concluding the petitioners had the requisite mens rea. [Paras 1-8]

Decision - Compliance and Procedure - The Court emphasized the necessity of strict adherence to the procedural requirements under Section 82 Cr.P.C. for serving proclamation notices. The deficit in the executing officer's report and the magistrate's failure to follow Section 82(2)(ii) rendered the proceedings invalid. The petition was allowed, quashing FIR No. 131 of 25.10.2018 and subsequent proceedings​​.

Criminal Law - Acquittal and Sentence Modification - Appeal against convictions under multiple sections of IPC. Held, the appellant Rohit was not involved in the kidnapping or gang rape but had a voluntary affair with the prosecutrix. The prosecutrix's statements and lack of injuries supported this. Therefore, Rohit was acquitted on benefit of doubt. Further, the trial court's imposition of life imprisonment without remission for co-accused Anish and Rinku was modified, as such power lies only with the High Court and Supreme Court. [Paras 1-17]

Voluntary Relationship - Evidence Analysis - The Court noted the consensual nature of the relationship between Rohit and the prosecutrix, evidenced by their communication and lack of coercion or injuries. This led to Rohit's acquittal due to reasonable doubt regarding the charges of rape and intimidation. [Para 16]

Decision - Jurisdiction and Powers - The trial court's sentence of life imprisonment for the rest of the natural life of Anish and Rinku was beyond its jurisdiction. This was modified to life imprisonment with the possibility of remission, aligning with the powers vested only in higher courts. [Paras 13-15]

Constitutional Law - Writ Petition under Article 226 - Motor Vehicles Act - Cancellation of Permits - Due Process - Petitioners' stage carriage permits cancelled without notice due to non-payment of tax during Covid-19 lockdown - Petitioners admitted tax liability but were not given a chance to explain or pay in lump sum before permits were cancelled - Held, Section 86 of the MV Act requires opportunity for hearing before cancellation of permits - Non-compliance with procedural requirements cons`itutes arbitrary and illegal action - Petition allowed, permits ordered to be reinstated.[Paras 1-18]

Administrative Law - Opportunity for Hearing - Analysis - Held - Even in cases of admitted liability, procedural fairness requires that the affected party be given an opportunity to explain or rectify the default before punitive action is taken - The petitioners were denied this procedural right, rendering the cancellation of permits illegal and arbitrary.[Para 14]

Decision - Reinstatement of Permits - Respondents directed to release the buses and allow the petitioners to operate them subject to compliance with permit conditions - Liberty granted to respondents to proceed according to law for any other infractions.[Para 17-18]

Criminal Law - Anticipatory Bail - Acquittal of Co-Accused - Petitioner absconding - Petitioner granted anticipatory bail with direction to surrender before the Magistrate - Held, other accused acquitted after proper trial, but petitioner fled to foreign land shortly after FIR was lodged - Statutory duty of Magistrate to ensure petitioner's presence through Indian Embassy at Qatar - Process improperly served through parents - Court directs invoking Section 299, Cr.P.C., against petitioner - Charges to be drawn and prosecution evidence to be opened.

[Paras 1-9]

Bail - Procedure for Absconding Accused - Analysis - Held - Magistrate should have issued process to ensure petitioner's presence through proper channels, including Indian Embassy - Issuance of proclamation notice upon petitioner without exhausting proper process resulted in failure of justice.

[Para 7]

Decision - Grant of Anticipatory Bail - Petitioner granted anticipatory bail on condition of surrendering before the Magistrate within a week - Anticipatory bail to convert to regular bail upon surrender - Magistrate directed to proceed under Section 299, Cr.P.C., to draw charges and open prosecution evidence.

[Para 9]

Constitutional Law - Writ Petition under Articles 226 and 227 - UGC Regulations - Denial of Benefits of Senior Scale/Selection Grade - Petitioners were Lecturers initially appointed on a temporary basis and later on a permanent basis - Temporary service period not considered for benefits of Senior Scale and Selection Grade - Held, service period during ad hoc/temporary appointment followed by regular service should be counted towards Senior Scale and Selection Grade benefits - Petitioners' services were never formally terminated, and artificial breaks during summer vacation do not constitute a break in service - Mere denial of salary during breaks cannot be considered a break in service - Once the break period is condoned, benefits must be granted - Petition allowed.

[Paras 1-10]

Service Law - Temporary Service Period and Benefits - Analysis - Held - Artificial breaks during temporary service do not constitute a real break - The service was continuous for all purposes - Respondents had previously condoned breaks for pay protection and increments, making them unjustified in denying Senior Scale and Selection Grade benefits - UGC regulations support the petitioners' claims.

[Para 7-9]

Decision - Benefits Granted - Respondents directed to count past service during temporary appointment towards Senior Scale and Selection Grade in accordance with UGC regulations - Petitioners entitled to arrears arising from re-fixation of pay.

[Para 10]

Criminal Law - Summoning of Additional Accused –Criminal Revision against the order of the Additional Sessions Judge allowing the summoning of additional accused under Section 319 Cr.P.C. – FIR registered following a scuffle between Brahmin and Dalit youngsters – The final report found some accused innocent, but this was not conclusive – The court emphasized that the right to fair investigation and trial extends equally to the victim – Satisfaction required for invoking Section 319 Cr.P.C. is higher than at the time of framing charges – Petition dismissed as the summoning order did not suffer from any illegality. [Paras 1-13]

Right to Fair Trial – Equal Rights for Victims and Accused –Held – The court reiterated that the right to a fair trial is not confined to the accused but extends to the victim as well – Courts must ensure that no actual offender is let go scot-free – The findings in the final report regarding the innocence of some accused are not conclusive – Courts have the power to examine the evidence independently to ensure justice. [Para 9]

Decision – Dismissal of Petition – court dismissed the criminal revision petition, affirming the summoning of additional accused as per Section 319 Cr.P.C. – The order did not exhibit any illegality, irregularity, infirmity, or perversity. [Paras 12-13]