Civil Procedure - Eviction Petition under East Punjab Urban Rent Restriction Act - NRI landlord seeking eviction - Appeal against High Court dismissal - Appellant landlord had spent over 30 years in the UK, returned to India, filed eviction petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, claiming need of premises for personal use - High Court and Rent Controller dismissed the petition on the ground that the appellant failed to prove ownership for five years - Supreme Court set aside the lower courts' orders, held that respondent-tenant, having admitted tenancy, was estopped from disputing landlord's title. [Paras 1-25]

Landlord-Tenant Relationship - Estoppel - Analysis - Tenant in possession of property estopped from denying landlord's title - Supreme Court reiterated principle that tenant cannot challenge landlord's ownership during tenancy - Appellant's ownership established for over five years as required by Section 13-B - Tenant's admission of tenancy suffices to establish ownership for eviction purposes. [Para 10-17]

Beneficial Legislation - NRI Landlord's Right to Evict - Section 13-B is a beneficial provision aimed at providing speedy remedy to NRIs - Supreme Court emphasized that NRIs should not be in a worse position compared to resident landlords - Doctrine of estoppel under Section 116 of the Evidence Act applicable to NRI landlords. [Para 18]

Decision - Eviction Ordered - Supreme Court allowed the appeal, set aside lower courts' decisions, ordered eviction - Respondent granted time until 31st March 2015 to vacate premises subject to conditions including filing of undertaking, payment of arrears and compensation for use and occupation. [Para 20]

Referred Cases:

Sri Ram Pasricha v. Jagannath & Ors., AIR 1976 SC 2335 Re: Stringer's Estate, LR Ch 9 Hari and Anr. v. State of UP 2021 SCC Online SC 1131 Chandran v. State of Kerala (2011) 5 SCC 161

Constitutional Law - Regularization of Ad Hoc Appointments - Civil Appeal against Delhi High Court's Order Affirming Tribunal's Decision - Article 14, 16, 32 - Regularization of General Duty Medical Officers (GDMOs) Grade-II appointed on ad hoc basis - Appellants appointed between 1986 and 1989 sought regularization from initial appointment dates - High Court upheld Tribunal's decision granting regularization from UPSC recommendation date (24.07.1998) - Supreme Court held that appellants not entitled to regularization from initial appointment dates, citing lack of adherence to recruitment rules and past judgments - Appeals dismissed. [Paras 1-19]

Equal Treatment of Similarly Situated Employees - Analysis - Held - Both Phase-I (1982-1986) and Phase-II (1986-1989) ad hoc appointments made without UPSC selection - Equal treatment required for regularization purposes - Reference to Anuradha Bodi judgment confirming regularization only from UPSC recommendation dates - Court found no merit in distinguishing between Phase-I and Phase-II GDMOs. [Para 13-14]

Relevant Judgments and Precedents - Analysis - Held - Prior judgments including Direct Recruit Class II, Narender Chadha, and Keshav Chandra Joshi analyzed - Conclusion that long ad hoc service does not merit retroactive regularization unless appointments made per statutory rules - Reaffirmed principle against ad hoc service counting towards seniority in absence of rule-compliant appointments. [Paras 15-19]

Decision - Dismissal of Appeals - Supreme Court dismissed the appeals, affirming the High Court and Tribunal's decisions - No change to regularization effective from the UPSC recommendation dates - No costs ordered. [Para 19]

Referred Cases:

Keshav Chandra Joshi v. Union of India, AIR 1991 SC 284

The Direct Recruit Class-II Engineering Officers' Association v. State of Maharashtra, AIR 1990 SC 1607

Dr. Anuradha Bodi v. Municipal Corporation of Delhi, AIR 1998 SC 2093

Narender Chadha v. Union of India, AIR 1986 SC 638

State of W.B. v. Aghore Nath Dey, (1993) 3 SCC 371

Employment Law - Termination for Misrepresentation - Appeal against reinstatement order by High Court – Respondent secured employment as a peon by misrepresenting his educational qualifications, concealing that he was a graduate and pursuing post-graduation – Departmental enquiry found him guilty of misconduct, leading to his removal – High Court ordered reinstatement, deeming the maximum qualification criteria as violative of Article 14 of the Constitution and found the penalty discriminatory compared to another similarly situated employee – Supreme Court upheld the High Court's decision. [Paras 1-14]

Regulation and Article Violation – Analysis – Held – Maximum qualification criteria fixed by the appellant (employer) for the post of peon violates Article 14 of the Constitution, as it unfairly excludes overqualified candidates – Supreme Court agreed with High Court's finding that the criteria was unreasonable and discriminatory. [Para 11]

Penalty Discrimination – Examination – Held – Disciplinary action against the respondent was discriminatory in light of a lesser penalty imposed on another employee for similar misconduct – Reinforcement of equal treatment in disciplinary actions by employers. [Para 13]

Decision – Dismissal of Appeal – Supreme Court dismissed the appeal by Life Insurance Corporation of India, thereby affirming the High Court's order of reinstatement and the direction to consider a lesser penalty for the respondent. [Para 14]

Referred Cases:

Mohd. Riazul Usman Gani and Others v. District and Sessions Judge, Nagpur and Others, AIR 2000 SC 919

Kendriya Vidyalaya Sangathan and Others v. Ram Ratan Yadav, AIR 2003 SC 1709

Kerala Solvent Extractions Ltd. v. A. Unnikrishnan and Anr. (2006) 13 SCC 619

Constitutional Law - Right to Education - Free Education for Children up to 14 Years - State's Obligation - Interpretation of Articles 21, 21A, 45, and 46 of the Constitution mandates free education up to the age of 14. The State has an obligation to provide grant-in-aid to recognized educational institutions imparting basic education. The Court reaffirms that free education is a fundamental right and emphasizes the constitutional obligation to support basic education institutions (Classes I to VIII). [Paras 1-37, 47]

Statutory Interpretation - Junior High School Definition - Inclusion of Primary Sections - Analysis of the Uttar Pradesh Basic Education Act, 1972, and the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978. The term "Junior High School" includes institutions imparting education from Classes I to VIII, not limited to Classes VI to VIII. Teachers of primary sections within such schools are entitled to the benefits under the 1978 Act. This interpretation aligns with the legislative intent and avoids unconstitutional discrimination. [Paras 38-46]

Education Law - Payment of Salaries - Teachers of Recognized Junior Basic Schools - Teachers of primary sections (Classes I to V) in recognized and aided junior high schools (Classes VI to VIII) are eligible for salary payments under the 1978 Act. Schools with integrated primary and junior high sections are considered single units for salary purposes. [Paras 43-46]

Decision - Affirmation of Vinod Sharma Precedent - The Court upholds the view taken in Vinod Sharma and Others Vs. Director of Education (Basic) U.P. and Others, confirming that primary and junior high sections within the same institution are treated as a single unit for salary purposes under the 1978 Act. [Paras 47-48]

Referred Cases:

State of U.P. and Others Vs. Pawan Kumar Divedi and Others, (2006) 7 SCC 745

Chairman, Indore Vikas Pradhikaran Vs. Pure Industrial Cock and Chem. Ltd. and Others, (2007) 8 SCC 705

State of H.P. Vs. H.P. State Recognised and Aided Schools Managing Committees and Others, (1995) 4 SCC 507

Sirsilk Ltd. Vs. Textiles Committee and Others, (1989) 1 SCC 168 Supp

Miss. Mohini Jain Vs. State of Karnataka and others, (1992) 3 SCC 666

Unni Krishnan, J.P. and others Vs. State of Andhra Pradesh and others, (1993) 1 SCC 645

Diamond Sugar Mills Ltd. and Another Vs. The State of Uttar Pradesh and Another, (1961) 3 SCR 242

Vinod Sharma and Others Vs. Director of Education (Basic) U.P. and Others, (1998) 3 SCC 404

The State of Uttar Pradesh and Others Vs. Babu Ram Upadhya, (1961) 2 SCR 679

T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others, (2002) 8 SCC 481

State of U.P. and Others Vs. Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir and Others, (2010) 1 SCC 639

Arbitration - Interpretation of Contract Clauses - Crane Hire Charges - The appellant was entitled to recover crane hire charges from the respondent for Unit III as per the terms of the Work Order and the Agreement/Tender Document. The High Court's reversal of the Single Judge's order on this issue was incorrect as the contract clearly stipulated the recovery of such charges. The Arbitral Tribunal's partial allowance was based on unsupported defense claims by the respondent. [Paras 8-9]

Arbitration - Pre-Award Interest - The appellant was not liable to pay pre-award interest based on Clause 1.15.5 of the Agreement, which precludes the payment of interest on any due amounts to the contractor. The High Court's approval of pre-award interest was incorrect, aligning with settled legal positions. [Paras 5-6]

Decision- The appeal is allowed. The order under appeal is set aside concerning crane hire charges and pre-award interest. The appellant is entitled to deduct crane hire charges from the amount payable to the respondent under other heads. The interest at 10.5% p.a. is payable only from the date of the award until payment. [Para 10]

Referred Cases:

Sayeed Ahmed and Co. v. State of U.P. and Others, (2009) 12 SCC 26

Union of India (UOI) v. Concrete Products and Const. Co. Etc., (2014) 4 SCC 416

Constitutional Law – Judicial Review – Discriminatory Rule Declared Ultra Vires Suo Motu – High Court's declaration of Rule 7(11)(vii) of Kerala Abkari Shops Disposal Rules, 2002 as discriminatory, without any challenge or affected parties impleaded, held improper – Appeals allowed. [Paras 7-13]

Administrative Law – Validity of Rule – Lack of Pleadings – Rule declared discriminatory in absence of pleadings and relief sought – Court must have clear assertion how rule offends constitutional provisions – High Court exceeded jurisdiction. [Paras 8-10]

Interpretation of Rules – Licensed Premises for Liquor Sale – Rule 28A of Foreign Liquor (Compounding, Blending and Bottling) Rules, 1975 mandates closure of liquor shops on specified days, including first day of English calendar month – No challenge to Rule 28A – High Court misapplied power. [Paras 4-6]

Decision – High Court Judgment Set Aside – Supreme Court sets aside High Court judgment declaring 2002 Rules ultra vires concerning toddy shops – No order as to costs. [Para 13]

Referred Cases:

State of Andhra Pradesh v. K. Jayaraman, AIR 1975 SC 633

Union of India v. E.I.D. Parry (India) Ltd., AIR 2000 SC 831

State of Uttar Pradesh v. Kartar Singh, AIR 1964 SC 1135

State of Haryana v. State of Punjab, (2004) 12 SCC 673

Service Law – Equal Pay for Equal Work – Higher Pay Scales to Laboratory Attendants – The Supreme Court held that the respondents (Laboratory Attendants) were not entitled to a higher pay scale equivalent to Laboratory Assistants as the nature of work, qualifications, and the posts were different. The High Court erred in not examining these differences and in comparing the respondents' case with that of Madan Gopal v. State of H.P., which was based on different factual circumstances. [Paras 1-24]

Equal Pay for Equal Work – Principle – Examination of Nature of Work – The principle of 'equal pay for equal work' necessitates a detailed examination of the nature of work, working conditions, qualifications, and other relevant factors. The High Court failed to undertake this detailed examination before granting relief. The Supreme Court reiterated that fixing of pay scales is typically within the domain of expert bodies like Pay Commissions and should not be determined by the High Courts without appropriate evidence. [Para 22]

Decision – Appeals Allowed – Impugned Judgments Set Aside – The Supreme Court allowed the appeals, setting aside the High Court's judgments that directed the State of Himachal Pradesh to grant higher pay scales to the respondents. The respondents were advised to seek redressal of their grievances through appropriate forums. No order as to costs was made. [Paras 23-24]

Referred Cases:

S.C. Chandra and Others v. State of Jharkhand and Others, (2007) 8 SCC 279

Director General of Police and Others v. Mrityunjoy Sarkar and Others, (1996) 8 SCC 280

Admissions – NRI Quota – Eligibility Criteria – Civil appeals concerning the orders of the High Court invalidating a clause in the prospectus for MBBS admissions under the NRI quota – Clause required ancestral background and ownership of property in Chandigarh – High Court's direction for admission of respondent Jasmine Kaur in the subsequent academic year challenged – Supreme Court emphasizes strict adherence to admission schedules and denies relief that disrupts the rights of other candidates – Orders of High Court set aside. [Paras 1-42]

Education Law – Prospectus Validity – Timely Challenge – Held – Failure to challenge invalid provisions in the admission prospectus promptly affects the candidate's right to relief – Diligence and prompt action required – Contesting respondent's delayed approach disentitles her from equitable relief – Importance of adhering to time schedules in professional courses reiterated. [Para 30-40]

Equity and Exceptional Circumstances – Analysis – Supreme Court outlines principles for granting exceptions to admission rules – Criteria include no fault of the candidate, prompt pursuit of remedies, and non-prejudice to other candidates – In the present case, lack of diligence by respondent results in denial of relief – Directions for maintaining regular admission process without exceptions. [Para 30-40]

Decision – Restoration of respondent's admission to BDS course if she chooses – Admission to MBBS under NRI category for 2014-15 cancelled – Rights of other candidates for 2014-15 upheld – Future guidance on handling similar cases provided. [Para 40-42]

Referred Cases:

Chandra Prakash Tiwari v. Shakuntala Shukla, (2002) 6 SCC 127

Subhash Chandra v. Delhi Subordinate Services Selection Board, (2009) 15 SCC 458

Aneesh D. Lawande v. State of Goa, (2014) 1 SCC 554

Bhawna Garg v. University of Delhi, (2012) 8 JT 618

Faiza Choudhary v. State of J&K, (2012) 10 JT 554

Asha v. Pt. B.D. Sharma University of Health Sciences, (2012) 7 SCC 389

Priya Gupta v. State of Chhattisgarh, (2012) 7 SCC 433

Ramana Dayaram Shetty v. International Airport Authority of India, (1979) 3 SCC 489

Haryana Urban Development Authority v. Sunita Rekhi, (1989) 2 SCC 169

Madan Lal v. State of J&K, (1995) 3 SCC 486

State of Punjab v. Salil Sabhlok, (2013) 5 SCC 1

Dr. Indu Kant v. State of U.P., (1992) 2 SCC 71

Ms. Neelu Arora v. Union of India, (2003) 3 SCC 366

Dwarka Nath v. ITO, (1965) 3 SCR 536

Miss Neelima Shangla v. State of Haryana, (1986) 4 SCC 268

Rajiv Kapoor v. State of Haryana, (2000) 9 SCC 115

K.A. Nagamani v. Indian Airlines, (2009) 5 SCC 515

Vijendra Kumar Verma v. Public Service Commission, Uttarakhand, (2011) 1 SCC 150

Shafali Nandwani v. State of Haryana, (2002) 8 SCC 152

Parmender Kumar v. State of Haryana, (2012) 1 SCC 177

Dhananjay Malik v. State of Uttaranchal, (2008) 4 SCC 171

Criminal Law - Conviction Based on Circumstantial Evidence - Appeal against conviction for murder and theft under Sections 302 and 380 IPC - Prosecution's case based on circumstantial evidence and recovery of stolen property - Held: None of the circumstances, individually or collectively, led to the irresistible conclusion that the appellant was the author of the crimes - Acquittal of co-accused further weakened the prosecution's case - Insufficient evidence to prove theft and murder beyond reasonable doubt - Conviction set aside. [Paras 1-21]

Circumstantial Evidence - Standard of Proof - Held - All circumstances must lead conclusively to the guilt of the accused - Circumstances should point solely to the accused without any other plausible explanation - Inconsistent recovery evidence and absence of corroboration weakened the prosecution's case. [Para 13-14, 20]

Evidence Act - Section 27 - Recovery of Stolen Property - Admissibility and credibility - Held - Recovery evidence must be reliable and consistent - In this case, the recovery of the wristwatch from the appellant's mother was not credible - Lack of proper procedure and delay in recovery further undermined the prosecution's case. [Para 10-11, 20]

Decision - Conviction of Appellant Set Aside - Court allowed the appeal and set aside the conviction of the appellant under Sections 302 and 380 IPC due to insufficient evidence and lack of reliable circumstantial proof - Appellant to be released forthwith unless required in any other case. [Para 21]