Right to Professional Education – Article 32 – Admission Delays – The Supreme Court addressed the issue of delayed admissions for students from Ladakh nominated under the central pool seats for MBBS courses. The Court underscored that access to professional education is not a governmental largesse but an affirmative obligation of the State. The State must ensure access to education for students from disadvantaged backgrounds [Paras 1-9].

Fundamental Rights – Access to Education – Non-Discrimination – The Court emphasized the importance of non-discrimination and economic accessibility in education. Disparities in educational opportunities based on geographic location can constitute discrimination. The Court directed the Union Ministry of Health and Family Welfare (MHFW) and the Directorate of Health Services, Ladakh (DHSL) to coordinate and facilitate the admission process to avoid hardship for students [Paras 10-12].

Systemic Directions – Nodal Officer Appointment – To ensure smooth admissions, the Court recommended the appointment of a nodal officer to assist students allocated central pool seats. The nodal officer would serve as a single point of contact, helping students secure their rightful admission and addressing any difficulties they may face [Para 12].

Decision- Petitions allowed. Directions issued for immediate completion of admission formalities for the petitioners at Lady Hardinge Medical College (LHMC) and Maulana Azad Medical College (MAMC). All students referred to in the notification dated February 19, 2021, to be granted admissions if not already done. Copy of the order to be forwarded to the concerned institutions for compliance [Paras 8-15].

Land Acquisition – Market Value – Determination – Appeal concerning valuation of lands acquired for setting up Industrial Model Township – High Court relied on sale deeds and assessments from previous cases – Supreme Court upheld High Court's methodology and market value determination – Rejected reliance on cumulative annual increase beyond safe periods due to potential inaccuracies [Paras 1-12].

Valuation Method – Sale Deeds and Annual Increase – Sale deed evidence considered safer for market value determination – Court rejected annual increase method for periods beyond four to five years, citing potential for drastic changes in land value trends [Paras 10-11].

Market Value – Comparable Sales – High Court’s reliance on sale deed of village Lakhnoula and related assessments upheld – Supreme Court agreed with deduction for development costs and adjustment based on proximity to highway [Paras 7-9].

Decision: Appeals dismissed – High Court's determination of market value

Land Acquisition – Compensation – Excess Payment – Applications seeking clarification on previous judgment on compensation – Supreme Court upheld compensation rate of Rs.29,773,333/- per acre – Noted excess compensation paid due to earlier interim orders – Held that landholders need not return excess amounts considering authorities recovered more from subsequent allottees – Orders modified under Article 142 to relieve landholders of repayment obligation [Paras 1-13].

Constitution of India – Article 142 – Use of inherent powers to modify orders – Exercised to prevent hardship to landholders who received excess compensation – Directed that no further recovery needed from landholders [Paras 11-12].

Compensation Adjustment – Burden on Subsequent Allottees – Court acknowledged that authorities passed on excess burden to allottees – Considered appropriate to prevent recovery from landholders [Paras 9-10].

Decision: Applications allowed – Excess compensation received by landholders not to be recovered – Orders modified to this effect [Para 13].

Land Acquisition – Compensation – Enhancement – Lands acquired for Industrial Model Township – High Court granted flat 8% increase over market value – Supreme Court affirmed increase – Considered potential development due to proximity to Kundli-Manesar-Palwal Expressway – Sale deed of 28.04.2004 not relied upon due to additional factors in valuation – Appeals partly allowed, compensation increased to Rs.47,105 per acre from Rs.43,614 per acre [Paras 1-16].

Valuation of Land – Pre- and Post-Acquisition Sale Deeds – Court rejected reliance on post-acquisition sale deeds – Sale deed dated 28.04.2004 excluded due to inclusion of constructed area and machinery in price – Pre-acquisition sale deed dated 17.08.2003 used for valuation – Methodology of cumulative increase not applicable beyond four to five years gap [Paras 9-11].

Market Value – Factors Affecting Increase – Court considered situational and developmental factors – Land being away from highway but closer to potential development due to Expressway – Following principle in ONGC case for rural and semi-urban areas [Paras 13-15].

Decision: Appeals partly allowed – Compensation enhanced to Rs.47,105 per acre – Appellants entitled to statutory benefits [Para 16].

Service Law – Recruitment – Qualification – Degree Holders – Interpretation of "minimum" qualifications for Junior Engineer (Electrical) – Whether degree in Electrical Engineering is considered higher than diploma and if degree holders are eligible – Supreme Court held that recruitment rules allowed for interpretation including degree holders – Amendment in 2020 clarified this inclusion retroactively – Appeals by degree holders allowed, directing HPSEB to process all applications including degree holders based on merit [Paras 1-39].

Recruitment Rules – Interpretation – Higher Qualification – Court emphasized that "minimum" qualifications include higher qualifications in the same discipline unless expressly excluded – Degree in Electrical Engineering considered presupposing diploma qualification – HPSEB directed to follow amended rules including degree holders in selection process [Paras 6-12, 18-39].

Decision: Appeals allowed – Impugned judgment set aside – HPSEB directed to process applications of degree holders and finalize selection based on merits [Para 39].

Income Tax – Stay Orders – Constitutional Validity – Third Proviso to Section 254(2A) – Appeal challenging the validity of the proviso which prevents extension of stay orders beyond 365 days irrespective of the assessee’s responsibility for delay – Supreme Court held that the proviso violates Article 14 of the Constitution by treating unequals equally – Proviso found to be arbitrary as it did not differentiate between delays caused by the assessee and those caused by the tribunal or revenue – The court read down the proviso to ensure that stay orders will only be vacated if the delay is attributable to the assessee [Paras 1-25].

Article 14 – Discrimination and Arbitrariness – Unequal Treatment – Court found the third proviso discriminatory as it clubbed assessees who delay proceedings with those who do not – Arbitrary provision violates right to equality by imposing same consequences regardless of fault [Paras 17-24].

Interpretation of Tax Statutes – Manifest Arbitrariness – Supreme Court reiterated that even tax legislation must not be arbitrary or discriminatory – Applied principles from past judgments to invalidate the proviso [Paras 16-25].

Decision: Appeals dismissed – Third proviso to Section 254(2A) read down to exclude the words "even" and "is not" – Stay orders will vacate only if the delay is attributable to the assessee [Para 25].

Company Law – Winding Up – Non-Payment of Dues – Defence of Defective Material – Appellant claimed huge losses due to defective material supplied by respondent – No documentary evidence provided – Respondent acknowledged defects by granting credit – Company Judge and Division Bench found defence not bonafide – Appeal dismissed [Paras 1-19].

Bona Fide Dispute – Requirements – If debt bona fide disputed and defence substantial, court will not wind up company – Defence must be in good faith, substantial, likely to succeed in law, and prima facie supported by facts – Concurrent findings against appellant's defence being bonafide and substantial [Paras 8-10, 20-28].

Interest on Delayed Payment – No agreement for interest – Division Bench declined to address interest, left open for further proceedings – Appellant's claim on interest not substantiated by law [Paras 5, 21-26].

Decision: Appeal dismissed – Concurrent findings by Company Judge and Division Bench upheld – No costs [Para 29].

Arbitration – Appointment of Arbitrator – Novation of MoU by SHA – Whether the MoU has been superseded by the SHA requires detailed consideration – Section 11 court’s jurisdiction limited to prima facie review – Arbitration clause in MoU cannot be negated without thorough analysis – Appeal allowed, parties referred to arbitration [Paras 1-9].

Scope of Section 11 – Prima Facie Review – Limited Jurisdiction – Court cannot undertake detailed review at the referral stage – Validity and existence of arbitration agreement to be primarily decided by arbitral tribunal – Referral justified when contentions on non-arbitrability are arguable [Paras 6-8].

Decision: Appeal allowed – Judgment of the High Court set aside – Parties referred to arbitration by sole arbitrator, Justice Aftab Alam (Retired) – Observations made by Supreme Court only prima facie [Para 9].

Appeal against sentence higher than the minimum prescribed under the NDPS Act for possession of 1 kg heroin, addressing the adequacy o

NDPS Act – Sentence – Higher Than Minimum – Factors Considered – Accused found with 1 kg heroin, four times the commercial quantity – Minimum sentence 10 years RI – Special Court imposed 15 years RI considering the quantity involved – High Court confirmed – Supreme Court upheld, noting the discretion to consider relevant factors beyond Section 32B clauses (a) to (f) – Factors such as the accused being a carrier and first-time convict not mitigating enough to reduce sentence [Paras 1-6].

Factors for Higher Punishment – Discretion of Court – While imposing punishment higher than the minimum, courts can consider any relevant factor in addition to those listed in Section 32B – Quantity of substance significant – Public interest and societal impact crucial in NDPS cases – Societal harm from drug trafficking outweighs personal mitigating factors [Paras 6-7].

Decision: Appeal dismissed – Sentence of 15 years RI and Rs. 2 lakhs fine upheld – Higher sentence justified given the substantial quantity of heroin and societal impact [Para 8].

f reasons for imposing such sentence.