Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court
10 months, 3 weeks ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law  

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and stated that direct involvement in the selection process/scrutiny process of a Karyakarta is no longer relevant for determining eligibility when the Panchayati Raj/ local body members already have a close relation with the candidate as specified in the memorandum. & Ors., a division of the Madhya Pradesh High Court refused to disqualify a candidate whose brother-in-law was a Panchayath Karmi since the relation does not come within the prohibited degrees mentioned in the memorandum. The single judge bench of Justice Vivek Agarwal, after going through the aforesaid order, noted that the first part of the ratio in Draupathi Tiwari, prohibiting the appointment of candidates with relationships that fall within the prohibited degrees, is binding upon the court.

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History of this topic

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
1 week, 1 day ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court
1 month ago

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court

Live Law  

In a recent ruling, the Indore Bench of Madhya Pradesh High Court held that criminal antecedents of family members cannot be taken into account in assessing applicant's character and application for the issuance of passport. The single-judge bench of Justice Subodh Abhyankar observed, “…the impugned order cannot be sustained in the eyes of law as the petitioner also enjoys all …

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
1 month, 2 weeks ago

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso to the Rule made the provision enabling and not prohibitory. A single judge bench of Justice Kuldeep Mathur in its order …

Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court
3 months, 1 week ago

Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court

Live Law  

In a setback to Manipur BJP MLA Kimneo Haokip Hanghing, the Supreme Court yesterday refused to allow her petition seeking rejection of the Election Petition under Order 7 Rule 11 Civil Procedure Code pending against her before the Manipur High Court. Reference was made to the decision of Thangjam Arunkumar vs Yumkham Erabot Singh, 2023 LiveLaw 705 where the Court …

TMREIS accused of ignoring seniority in effecting promotions
5 months, 2 weeks ago

TMREIS accused of ignoring seniority in effecting promotions

Deccan Chronicle  

Hyderabad: The action of the Telangana Minorities Residential Educational Institutions Society in effecting promotions to the post of principals without preparing a seniority list has been challenged before the state High Court. Student files plea questioning rejection of fee reimbursement Justice Surepalli Nanda of the Telangana High Court took on file a writ plea challenging Telangana Scheduled Castes development department’s …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
7 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
9 months, 2 weeks ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 2 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees
1 year, 4 months ago

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees

Live Law  

The Gujarat High Court has dismissed a plea seeking directions for implementation of a District Education Officer's order for refund of the fees additionally charged from the students by a school Justice Nikhil S. Kariel said though the order may have been passed upon a complaint filed by the petitioner but he is is not a person who could be …

State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court
1 year, 6 months ago

State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that when exceptionally qualified candidates are not offered appointments, the State must provide valid and non-discriminatory reasons for its decision. Considering the arguments, Justice Wani answered a crucial questions about the rights of candidates participating in a selection process and whether an employer, especially a "State entity", can selectively make …

Jammu & Kashmir High Court Comes To Aid Of Below Poverty Line Woman "Duped" Of Employment By Govt Officials To Oblige Sarpanch
1 year, 9 months ago

Jammu & Kashmir High Court Comes To Aid Of Below Poverty Line Woman "Duped" Of Employment By Govt Officials To Oblige Sarpanch

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that the perversity of an action or decision by a public authority/official, acting in the domain of public administration, irrespective of the tier of the administration, has no hiding from the pendular gaze of the Rule of Law which may for a given case get late but not defaults in …

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court
1 year, 10 months ago

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer, wherein the proceedings under Section 122 of the M.P. The procedure as laid down under the provisions of the CPC for trying the suit is to be followed in cases where election petitions are tried under Section 122 of M.P. The …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It
2 years, 1 month ago

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It

Live Law  

The Madhya Pradesh High Court, Gwalior bench recently held an Advocate guilty of contempt for forging signatures of the Petitioner on an affidavit. The Court, however, directed an enquiry against the oath commissioner for executing the document- Thus, it is clear that the father of the prosecutrix never appeared before Shri D.V.S. The Court opined that his unconditional apology could …

Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani
2 years, 2 months ago

Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani

Live Law  

The Madhya Pradesh High Court, Indore Bench recently allowed an application under Order VII Rule 11 CPC, thereby rejecting an election petition for not raising specific allegations or demonstrating a genuine cause of action. Shankar Lalwani, Lok Sabha member from Indore Constituency had moved an application under Order VII Rule 11 CPC seeking rejection of the election petition filed by …

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court
2 years, 3 months ago

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court

Live Law  

The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice. …

MP High Court Refuses To Interfere In Plea By General Category Candidate Who Lost Seat To Meritorious SC Candidate Despite One Unfilled SC Category Seat
2 years, 3 months ago

MP High Court Refuses To Interfere In Plea By General Category Candidate Who Lost Seat To Meritorious SC Candidate Despite One Unfilled SC Category Seat

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a petition wherein the Petitioner was aggrieved with the selection process of a University whereby she lost a seat to a meritorious SC candidate despite an unfilled SC category seat. Since the seat reserved for Scheduled Caste candidates has remained unfilled and nobody has challenged the said aspect, therefore, it is …

[Anganwadi Promotions] Date On Which Procedure Commences & Not When Resolutions Are Framed Is Relevant For Deciding Entitlement: Gujarat High Court
2 years, 4 months ago

[Anganwadi Promotions] Date On Which Procedure Commences & Not When Resolutions Are Framed Is Relevant For Deciding Entitlement: Gujarat High Court

Live Law  

The Gujarat High Court has dismissed a petition filed by Anganwadi workers alleging that they were not promoted to the post of 'Mukhya Sevika' on account of discrimination between those working at the District Panchayat level and those working under the Municipal Corporation. However, the Bench comprising Justice AY Kogje observed: "The Court does not find any discriminatory clause in …

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court
2 years, 5 months ago

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. …

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error
2 years, 6 months ago

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case. The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence …

Madhya Pradesh High Court Makes Exception For ST Candidate Who Inadvertently Selected Wrong Category For NEET Counselling
2 years, 10 months ago

Madhya Pradesh High Court Makes Exception For ST Candidate Who Inadvertently Selected Wrong Category For NEET Counselling

Live Law  

The High Court of Madhya Pradesh, Indore Bench recently took a sympathetic view towards the situation of a NEET aspirant belonging to ST community, who inadvertently registered herself under the UR/ NRI quota. 'High Time That Candidates Be Made To Own Up For Their Mistakes': Madras High Court Rejects NEET Candidates' Plea For Change Of Community Status The case of …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
2 years, 10 months ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

Maha govt has no right to file petition on behalf of officers in Anil Deshmukh case, CBI tells Bombay HC
3 years, 1 month ago

Maha govt has no right to file petition on behalf of officers in Anil Deshmukh case, CBI tells Bombay HC

India Today  

The Central Bureau of Investigation told the Bombay High Court on Monday that the Maharashtra government had no right to seek quashing of summons to top bureaucrats in the extortion case against former home minister Anil Deshmukh. The state government had earlier approached the court to seek quashing of the summons issued by CBI to state chief secretary Sitaram Kunte …

Madhya Pradesh High Court Makes It Mandatory For Parties To Engage A Local Advocate While Instituting A Case
4 years, 1 month ago

Madhya Pradesh High Court Makes It Mandatory For Parties To Engage A Local Advocate While Instituting A Case

Live Law  

The Madhya Pradesh High Court on Tuesday issued a notice making it mandatory for "a party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, to also engage a local advocate." Significantly, vide amendment published in Madhya Pradesh Gazette Notification dated 2nd October, 2020, the provision of Rule 3 of Chapter-VIII of …

[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC
4 years, 2 months ago

[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC

Live Law  

The Supreme Court on Tuesday disposed off a plea against the appointment of persons who are not MLAs as ministers in the Madhya Pradesh government, granting the liberty to approach the High Court. In response, Mr. Talekar indicated the SC constitution bench authority of B. R. Kapoor and another decision in S. R. Chaudhuri - "Article 164 was under consideration …

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