Supreme Court directions to curb female foeticide

In its Judgment on 4th March, 2013, in Voluntary Health Association of Punjab vs. Union of India & Ors. [(2013) 4 SCC 1], the Supreme Court of India expressed its concern about female foeticide and the reduction of sex ratio and further how the persons who are required to involve in such awareness for stopping of female foeticide should equip themselves, and in that context had issued number of directions. After enumerating the directions, the Court directed all the State Governments to file a status report within a period of three months.  The matter came up for hearing on 16th September 2014 before the bench of Justices Dipak Misra and N.V.Ramana wherein clarifications were sought in respect of certain directions given by court earlier. Court directed Health Ministry of Central Govt and all State Governments to file affidavits to indicate what steps have been taken and on the basis of the steps taken, what results have been achieved. Court made it clear that the affidavits should be comprehensive and must reflect sincerity and responsibility. It should not be an affidavit in formality. Matter will now come up on 25th November 2014.

Click below to read the Full Text of the Order.

http://supremecourtofindia.nic.in/outtoday/wc34906p-2014_09_16.pdf

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Shri Ram College of Commerce (SRCC), elite college of Delhi University and top college of India, finally gave admission to Sunny Goel in B.Com (Honors) course on 18th September 2014

The SRCC college had earlier denied admission to the student Sunny Goel. He had obtained 87 marks in English subject in this XII board exam. He applied for revaluation to CBSE. As a result, the marks increased to 95. This increased his percentage in best of four subjects including English from 95.5% to 97.5% which now made him eligible to get admission in B.Com (Honors) course in the prestigious Shri Ram College of Commerce of Delhi University, his dream college. However, when he approached the college with the revised marksheet, the college refused him the admission saying admission in college had closed and no seat left in said course. He argued that he was not at fault, but college expressed helplessness.

Mr. Sunil Goel, advocate filed writ petition in Delhi High Court for him. The single Judge (Justice Manmohan) allowed the Writ Petition (Civil) No.4415/2014 on 25th August 2014. Court held that the entire process of rechecking and revaluation will be rendered redundant and will lose its purpose if the student is denied benefit of enhanced marks. The student can not be penalised for the mistake of the Board in evaluating the answer scripts of the student in the first instance or due to delay on the part of the Board to declare the result of revaluation. Court laid down that the students whose marks increase on revaluation by CBSE can not be denied admission by Delhi University colleges when they approach a college with their revised marksheet, on the ground that admission in the meanwhile has closed in particular course in their college or that no seat is now left in said course in their college. The Court held that the entire process of rechecking and revaluation will be rendered redundant and will lose its purpose if the student is denied benefit of enhanced marks. The student can not be penalised for the mistake of the Board in evaluating the answer scripts of the student in the first instance or due to delay on the part of the Board to declare the result of revaluation.

But college filed appeal. The Division Bench (Chief Justice G.Rohini and Justice RS Endlaw) also ruled in petitioner’s favour on 9th September in LPA No.574/2014 and dismissed college's appeal.

The college finally gave admission to petitioner on 18th September 2014.

This is big victory for students.

Read single Judge Judgment :

http://lobis.nic.in/dhc/MMH/judgement/24-08-2014/MMH25082014CW44152014.pdf

Read Division Bench judgment :

http://lobis.nic.in/dhc/RSE/judgement/08-09-2014/RSE09092014LPA5742014.pdf

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