HIGH COURT FEBRUARY 2023 ROUNDUP| 100+ Stories on Agnipath Scheme; Google LLC’s download warning; Medical Negligence; Money laundering; Reservation; and more
A quick legal roundup to cover important stories from all High Courts in February 2023
reservation
“Student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration”; Madras HC directs authorities to take necessary action
Madras High Court without cancelling the seat of the student, directed the respondents to take necessary action based on the declaration that the student had obtained a seat through a false declaration.
50 Landmark Judgments on Education Law by the Supreme Court and High Courts in 2022 [Part I]
by Siddharth R. Gupta† and Pushp Sharma††
Cite as: 2023 SCC OnLine Blog Exp 9
Can caste-based reservation be given to an individual if one converts to another religion; Madras High Court explains considering instant facts
Madras High Court: In a case filed by the petitioner- candidate seeking the reason for his non-selection as well as
‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion
While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.
Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation
While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.
J&K and Ladakh HC | Petition challenging 4% reservation for Pahari Speaking People in State/UT Services dismissed as petitioners failed to qualify as ‘aggrieved persons’ for the purposes of Art 226
Jammu and Kashmir and Ladakh High Court: While deliberating over the instant writ petition concerning reservation provided to Pahari Speaking People, the
Patna High Court held seats reserved for OBC/EBC for municipal body election illegal; Directed State Election Commission to re-notify seats reserved for OBC treating them as general seats
Patna High Court: In a case relating to the reservation to the backward class category for the post of Councillors
J&K and Ladakh HC| J&K Reservation Act does not bar the admission of reserved category students in open merit, if they are found qualified
“The benefit of reservation must reach to the deserving candidate in the category and is not eaten away or affected by a candidate of reserved category, who on the strength of his merit, has equal or better merit than the merit of the candidate last admitted in the professional course in the general category”.
Delhi High Court upholds denial of admission where AIIMS declared a foreign national successful in exam, but PGIMER denied admission for lack of seats
Delhi High Court: Sanjeev Narula, J. upheld the denial of admission by AIIMS and PGIMER as mere mentioning of eligibility criteria for
2022 SCC Vol. 3 Part 4
In Part 4 of 2022 SCC Volume 3, read some very pertinent Supreme Court decisions, involving aspects regarding reservation, accountability of social
Insertion of meritorious OBC candidates into general category list without disturbing the appointment of general category candidates? Supreme Court strikes balance
Supreme Court: In a service matter where upon reshuffling and on insertion of two OBC candidates into general category select list, two
2022 SCC Vol. 2 Part 4
In 2022 SCC Volume 2 Part 4, read a very interesting decision, wherein a death row convict subjected a 5-year-old girl to
SC allows Tamil Nadu to grant 50% reservation for in-service doctors in Super Specialty Medical Courses
Supreme Court: In the issue relating to the reservation of 50% Super Specialty seats for in-service candidates in Government Medical Colleges in
Caste can be the starting point for providing internal reservation but not the sole basis: Supreme Court
Supreme Court: In a case relating to reservation of seats in Educational Institutions, the bench of L. Nageswara Rao* and BR Gavai,
Interchangeability of unfilled posts of SC/ST category can be done only by the department concerned, not by appointing authority : SC
Supreme Court: The bench of Indidra Banerjee and JK Maheshwari*, JJ the interchangeability of the vacant unfilled posts of SC category may
Cal HC | Court grants relief considering ranks and scores sufficient for Trainee Reserve Category in the Government College
Calcutta High Court: Moushumi Bhattacharya, J. decided on a petition which was filed being aggrieved by a notice cancelling a provisional eligibility
Ker HC | “Marrying a Christian man would not wipe off the benefit of reservation granted to a scheduled caste persons”, HC reiterates caste of a person is to be decided on the basis of birth
Kerala High Court: Raja Vijayaraghavan V, J., held that marrying a Christian man would not wipe off the benefit of a reservation
P&H HC | 75% employment reservation for locals; HC orders stay on controversial Haryana State Employment of Local Candidates Act
Punjab and Haryana High Court: By a momentous ruling, the Division Bench of Ajay Tewari and Pankaj Jain, JJ.,[i] imposed stay on