Service Law – Selection Criteria – Elementary Trained Teachers (ETT) – Challenge to the selection criteria for ETT posts, which awarded additional marks for higher qualifications – Petitioners argued this was contrary to the Service Rules which mandate selection based solely on written test scores – Court held that the criteria violated Rule 6(4) of the 2018 Service Rules, which require final selection to be based solely on written test merit – Impugned selection criteria and the selection process quashed [Paras 1-29].

Legislative Authority and Administrative Instructions – Recruitment criteria granting additional marks for higher qualifications amount to an amendment of Service Rules, which can only be done legislatively – Administrative instructions cannot override statutory rules – Recruitment process must comply with the amended rules as of February 2020, which emphasize merit in written examinations alone [Paras 22-25].

Jurisdiction and Competency – Recruitment Directorate vs. Education Recruitment Board – Recruitment conducted by the Recruitment Directorate instead of the statutorily defined Education Recruitment Board – Court found that the Directorate lacked jurisdiction to finalize the selection process, rendering the entire process void ab initio – Proper authority as per the rules is the Education Recruitment Board [Paras 26-30].

Decision – Petition Allowed – Impugned advertisement and selection process for ETT posts quashed – Directed fresh recruitment in accordance with the Service Rules, ensuring adherence to the competitive test-based selection without additional qualifications-based weightage [Paras 31-39].

Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did not want to go with the mother to the UK – Custody with grandfather and uncle not illegal or improper – Petition dismissed, liberty to seek remedy under Guardians and Wards Act [Paras 1-12].

Child Welfare – Paramount Consideration – Welfare of the child is the paramount consideration – Child's preference to stay with grandfather and uncle and his well-being were critical factors – Court found no need to change custody for the child's welfare – Petitioner advised to seek custody through appropriate legal channels under the Guardians and Wards Act [Paras 8-10].

Decision – Petition Dismissed – Habeas corpus petition dismissed – Petitioner given liberty to file application under Guardians and Wards Act – Child to be produced for meeting with the mother before her departure to the UK [Paras 11-12].

Stamp Duty – Assessment and Recovery – Jurisdiction and Limitation – Petitioner filed writ petitions against the State for initiating recovery of deficient stamp duty on assignment deeds registered in 2016. Revenue authorities claimed the deeds were conveyance deeds and insufficiently stamped. Petitioner contended that action was barred by limitation under Section 47-A of the Indian Stamp Act, 1899, and that the Chief Controlling Revenue Authority lacked jurisdiction to suo motu assess the deficiency. High Court held that the action was barred by limitation and the Chief Controlling Revenue Authority acted beyond its powers. Writ petitions allowed. Orders quashed [Paras 12-18].

Classification of Assignment Deeds – Stamp Duty – Assignment deeds registered by petitioner involved transfer of loans secured by financial institutions. Authorities argued deeds were conveyance deeds and should be stamped accordingly. Court held deeds involved transfer of right to recover loans, covered under Article 62(c) of Schedule 1-A, not conveyance deeds under Article 23. Proper stamp duty was paid. Action to recover additional duty held invalid [Paras 6, 10, 16].

Fraud Allegation – Limitation – Authorities claimed fraud to justify recovery beyond three-year limit. Court found no evidence of fraud in the registration of deeds. Held, mere failure to classify correctly at the time of registration does not constitute fraud. Limitation applies even if fraud is alleged. Action barred [Paras 13, 14].

Decision: Writ Petitions Allowed. Orders by Chief Controlling Revenue Authority and other authorities quashed. Recovery proceedings initiated after the limitation period are barred. Proper classification and stamp duty assessment as per Article 62(c) affirmed [Paras 18-19].

Negotiable Instruments – Section 138 Conviction – Compromise – Conviction under Section 138 of the Negotiable Instruments Act – Petitioner sentenced to rigorous imprisonment and compensation – Appeal dismissed – During revision, parties reached a compromise – Court observed that as the offence is compoundable and the compromise is bona fide, the conviction and sentence should be set aside – Petitioner to deposit 15% of the cheque amount with the Haryana State Legal Services Authority [Paras 1-14].

Compromise – Judicial Process – The Court emphasized the role of compromise in maintaining peace and harmony – Held that the compromise was genuine and free from undue influence – Offence under Section 138 of the Negotiable Instruments Act has a compensatory profile, prioritizing reconciliation over punishment [Paras 8, 11, 12].

Decision – Petition Allowed – Conviction and sentence set aside based on the compromise – Petitioner directed to deposit Rs. 60,000 (15% of cheque amount) with the Haryana State Legal Services Authority within three weeks – If the amount is not deposited within the stipulated time, the petition would be deemed dismissed [Paras 13-14].

Land Acquisition – Assessment of Market Value – Challenge to market value assessment for different parcels of land in the same village acquired at different times – Previous Supreme Court assessments not automatically applicable – Market value to be determined based on the date of the Section 4 notification and contemporaneous sale exemplars – Comparable sale deeds of the contemporaneous period provide a more accurate basis for market value than previous judicial assessments [Para 9.14].

Comparable Sale Deeds – Best Evidence – Court required to evaluate various factors impacting market value – Comparable sale deeds from the contemporaneous period considered the best evidence – Reliance on previous judicial assessments without considering available sale deeds not preferred – Courts to adopt a holistic approach for fair market value assessment [Paras 9.15-9.16].

Procedure under Land Acquisition Act – Assessment must consider severance damages for landowners whose remaining land is split – Additional compensation for smaller parcels of unacquired land – Uniform assessment of narrow strips for road construction not appropriate – Emphasis on accurate market value assessment based on contemporaneous evidence [Paras 8.8, 8.15].

Decision: Appeals disposed of with directions for reassessment of market value based on contemporaneous sale exemplars and proper consideration of severance damages.

Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detailed inquiry required is more suitable for the Family Court – Petition dismissed, liberty given to approach Family Court [Paras 1-10].

Mental Health and Child Welfare – Petitioner undergoing treatment for personality disorder – Allegations of misbehavior towards the child – Welfare of the child being paramount, Court found it inappropriate to hand over custody without detailed inquiry – Directed petitioner to seek remedy before the Family Court, considering mental health and overall circumstances [Paras 7-9].

Decision – Petition Dismissed – Petition for habeas corpus dismissed with liberty to approach Family Court for child custody – Court directed Family Court to decide the matter uninfluenced by observations made in this petition [Para 10].

Criminal Procedure – Regular Bail – NDPS Act – Non-compliance with Section 42 – Petitioner, arrested for possession of 1 kg of heroin and a pistol, sought bail citing non-compliance with Section 42 of the NDPS Act – Court noted failure to document and communicate secret information as required – Bail granted, recognizing potential document fabrication and extended custody [Paras 1-14].

Evidence – Integrity of Prosecution – Fabrication of Documents – Recovery memo and FIR details indicated possible fabrication – Court cited prior judgments questioning the integrity of prosecution when document fabrication is evident – Petitioner had strong arguable points on merits [Paras 4, 10-12].

Decision – Petition Allowed – Petitioner granted regular bail on furnishing bail/surety bonds to the satisfaction of the Trial Court – Conditions imposed to ensure compliance with bail terms and non-interference with trial [Paras 22-23].

Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court precedent in Hani Nishad @ Mohammad Imran @ Vikky's case, where similar relief was granted [Paras 1-14].

Bail Conditions – Practicality and Family Considerations – Petitioners from the same family involved in seven cases – High Court acknowledged practical difficulties in furnishing a large number of sureties – Provided relief considering the family’s onstraints and adherence to bail conditions [Paras 2, 3, 6, 12, 14].

Decision – Petition Disposed Of – High Court directed Trial Court to release petitioners on bail upon execution of one personal bond each and two sureties for each petitioner covering all seven FIRs – Total eight sureties required for all FIRs – Bail bonds to the satisfaction of the Trial Court [Paras 14-15].

Juvenile Justice – Bail – Juvenile not named in FIR – Co-accused’s disclosure – Impugned orders rejecting bail lacked reference to social background report – Bail allowed – Held, both impugned orders failed to reference or consider the social background report – Courts below based rejection on surmises and conjectures without fulfilling the statutory exceptions under Section 12 of the Juvenile Justice Act – Petitioner granted bail [Paras 1-11].

Criminal Procedure – Juvenile in Custody – Petitioner's bail application under Section 12 of the Juvenile Justice Act overlooked by Courts – No overt act attributed to petitioner – Named solely in co-accused’s disclosure statement – Petitioner in custody for over 1 year 7 months – No other involvement in crimes – Bail granted subject to furnishing bail/surety bonds [Paras 6-13].

Decision – Criminal Revision Petition Allowed – Impugned orders set aside – Petitioner directed to be released on bail with surety to the satisfaction of the trial Court – Observations not to influence trial on merits [Para 12].