Constitutional Law – Compassionate Appointment – Appellant sought compassionate appointment after the medically decategorized retirement of his father – High Court dismissed the writ petition on grounds that the appellant did not meet the eligibility criteria under the relevant Railway Board Circular – Supreme Court finds that the circular limiting benefits to employees totally incapacitated after 29th April 1999 does not apply, as appellant's father was not offered alternative employment despite being fit for a lower category – Appeal allowed, High Court judgment set aside, and respondents directed to grant compassionate appointment [Paras 1-24].

Employment Law – Railway Board Circulars – Review of circulars dated 22nd September 1995, 29th April 1999, and 29th November 2001 – Court holds that the 1995 Circular, which provided for compassionate appointments in cases of medical decategorization without alternative employment, applies to appellant’s case – The circular from 2001 limiting benefits was misapplied by the respondents [Paras 20-23].

Compassionate Appointment – Legal Principles – Recapitulation of jurisprudence on compassionate appointments, emphasizing humanitarian grounds, immediate relief to the family, and the exceptional nature of such appointments – Highlights that compassionate appointments are not a right but a concession within specific policy frameworks [Paras 15-19].

Decision: Appeal allowed – High Court judgment set aside – Appellant granted compassionate appointment within three months, deemed to be in service from the date of actual joining – No order as to costs [Paras 24-25].

Constitutional Law – Medical Practice – Qualifications – Review Petition filed on grounds of denial of natural justice as counsel was absent during the hearing – Court reviews the eligibility of qualifications awarded by Hindi Sahitya Sammelan, which is not a recognized educational institution or university – Appellant unable to demonstrate factual inaccuracies in the original judgment – Review Petition dismissed [Paras 1-11].

Educational Institutions – Recognition and Qualifications – Hindi Sahitya Sammelan not recognized as a university or educational board – No affiliated schools or colleges – Qualifications not valid for medical practice under the Indian Medical Council Act, 1970 – Appellant's inability to provide evidence of proper education and training for its members [Paras 3, 7].

Right to Practice – Reasonable Restrictions – Right to practice under Article 19(1)(g) subject to reasonable restrictions under Article 19(6) – Valid qualifications required under the Indian Medical Council Act, 1970 – Restriction on practice without such qualifications not violative of Article 14 or other constitutional provisions [Paras 3, 8].

Decision: Review Petition dismissed – No merit in claims of procedural unfairness – Original judgment reaffirmed, upholding restrictions on medical practice without recognized qualifications [Paras 9-11].

Dispensation of Inquiry – Proviso (b) to Article 311(2) – Supreme Court upheld the removal of the appellant, emphasizing that dispensation of an inquiry is permissible when recorded reasons justify it – The Full Court's decision to recommend removal without inquiry, citing potential impact on the validity of judgments delivered by the appellant, was held valid and legal [Paras 11-12].

Judicial Independence and Powers of the High Court – Articles 233, 234, 235 – Supreme Court confirmed the High Court's authority to recommend disciplinary actions including dismissal of subordinate judges – The Governor’s power to act on such recommendations reinforces the independence of the judiciary from the executive [Paras 13-15].

Procedural Safeguards and Exceptions – Article 311 – Detailed examination of procedural safeguards for civil servants under Articles 310 and 311, including exceptions allowing for dismissal without inquiry under specific circumstances – Court found that conditions for invoking proviso (b) were met in this case [Paras 8-10].

Decision – Appeal dismissed – Supreme Court found no jurisdictional or procedural infirmity in the High Court's decision – Confirmed the legality of the appellant's removal from service without an inquiry under proviso (b) to Article 311(2) [Para 17].

Compound Levy Scheme – Applicability of Section 11A – Supreme Court held that the time limit provisions of Section 11A of the Central Excise Act do not apply to the recovery of amounts under the compound levy scheme – Emphasized that the compound levy scheme is a distinct and self-contained mechanism for excise duty collection, separate from the general provisions of the Act [Paras 12-15].

Distinction Between Schemes – Clarified that elements from one tax administration scheme should not be imported into another as each scheme has unique provisions and time limits – Reiterated that Section 11A is not an omnibus provision applicable to all recovery actions under the Act [Paras 14-15].

Relevant Case Law – Referenced and upheld principles from prior judgments, including Commissioner of Central Excise and Customs v. M/s. Venus Castings (P) Ltd., and Union of India v. Supreme Steels and General Mills, reinforcing that Section 11A does not govern recovery under the compound levy scheme [Paras 13-14].

Decision – Appeals dismissed – Supreme Court affirmed the Tribunal's decision that the compound levy scheme operates independently from Section 11A – Costs not awarded [Para 16].

Recognition and Examination – Bihar School Examination Board – Supreme Court held that the Bihar School Examination Board had a duty to conduct C.P.Ed. and D.P.Ed. examinations for students of a college recognized by the State Government before the NCTE Act came into force – High Court erred in denying relief by distinguishing the case from precedent where similar recognition and examination issues were resolved favorably [Paras 7-8].

Application of Precedent – Sunil Kumar Parimal Case – Supreme Court confirmed that the principles laid down in Sunil Kumar Parimal v. State of Bihar apply, where students admitted during valid state recognition should be allowed to appear for examinations – Emphasized the prospective application of the NCTE Act [Paras 8-9].

Revocation of Recognition – Temporal Impact – Found that the college's recognition by the State was valid until 2004, long after the appellants' admission in 1989-1990 – High Court's reliance on subsequent derecognition and failure of the State to direct examinations was misplaced [Paras 9-11].

Decision – Appeal allowed – Directed Bihar School Examination Board to conduct C.P.Ed. examination for appellants – No costs [Para 12].

Probationary Service – Termination Simpliciter – Supreme Court upheld the termination of the appellant as a probationary Munsif, affirming that probationary appointments are subject to scrutiny for performance and conduct – Found that the decision to terminate was based on overall unsatisfactory performance and not on disciplinary grounds [Paras 10-12].

No Stigma or Punitive Action – Differentiated between termination simpliciter and removal for misconduct – Clarified that termination based on overall assessment during probation does not require formal inquiry or opportunity to defend, provided it is not punitive or stigmatic in nature [Paras 10-12].

Judicial Officer's Suitability – Emphasized the importance of maintaining high standards of integrity and performance in judicial service – Referenced prior decisions supporting the need for rigorous assessment before confirming judicial appointments [Para 11].

Decision – Appeal dismissed – Supreme Court found no merit in the appellant's claim of procedural violations – Upheld the High Court's order affirming the termination as valid and justified [Paras 13].

Dispensation of Inquiry – Proviso (b) to Article 311(2) – Supreme Court upheld the removal of the appellant, emphasizing that dispensation of an inquiry is permissible when recorded reasons justify it – The Full Court's decision to recommend removal without inquiry, citing potential impact on the validity of judgments delivered by the appellant, was held valid and legal [Paras 11-12].

Judicial Independence and Powers of the High Court – Articles 233, 234, 235 – Supreme Court confirmed the High Court's authority to recommend disciplinary actions including dismissal of subordinate judges – The Governor’s power to act on such recommendations reinforces the independence of the judiciary from the executive [Paras 13-15].

Procedural Safeguards and Exceptions – Article 311 – Detailed examination of procedural safeguards for civil servants under Articles 310 and 311, including exceptions allowing for dismissal without inquiry under specific circumstances – Court found that conditions for invoking proviso (b) were met in this case [Paras 8-10].

Decision – Appeal dismissed – Supreme Court found no jurisdictional or procedural infirmity in the High Court's decision – Confirmed the legality of the appellant's removal from service without an inquiry under proviso (b) to Article 311(2) [Para 17].

Compound Levy Scheme – Applicability of Section 11A – Supreme Court held that the time limit provisions of Section 11A of the Central Excise Act do not apply to the recovery of amounts under the compound levy scheme – Emphasized that the compound levy scheme is a distinct and self-contained mechanism for excise duty collection, separate from the general provisions of the Act [Paras 12-15].

Distinction Between Schemes – Clarified that elements from one tax administration scheme should not be imported into another as each scheme has unique provisions and time limits – Reiterated that Section 11A is not an omnibus provision applicable to all recovery actions under the Act [Paras 14-15].

Relevant Case Law – Referenced and upheld principles from prior judgments, including Commissioner of Central Excise and Customs v. M/s. Venus Castings (P) Ltd., and Union of India v. Supreme Steels and General Mills, reinforcing that Section 11A does not govern recovery under the compound levy scheme [Paras 13-14].

Decision – Appeals dismissed – Supreme Court affirmed the Tribunal's decision that the compound levy scheme operates independently from Section 11A – Costs not awarded [Para 16].

Recognition and Examination – Bihar School Examination Board – Supreme Court held that the Bihar School Examination Board had a duty to conduct C.P.Ed. and D.P.Ed. examinations for students of a college recognized by the State Government before the NCTE Act came into force – High Court erred in denying relief by distinguishing the case from precedent where similar recognition and examination issues were resolved favorably [Paras 7-8].

Application of Precedent – Sunil Kumar Parimal Case – Supreme Court confirmed that the principles laid down in Sunil Kumar Parimal v. State of Bihar apply, where students admitted during valid state recognition should be allowed to appear for examinations – Emphasized the prospective application of the NCTE Act [Paras 8-9].

Revocation of Recognition – Temporal Impact – Found that the college's recognition by the State was valid until 2004, long after the appellants' admission in 1989-1990 – High Court's reliance on subsequent derecognition and failure of the State to direct examinations was misplaced [Paras 9-11].

Decision – Appeal allowed – Directed Bihar School Examination Board to conduct C.P.Ed. examination for appellants – No costs [Para 12].