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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Supreme Court’s directions on Kashmir floods

Supreme Court monitored and assessed the situation of floods in various districts of Kashmir and issued certain directions on 18th September 2014 in the matter of ‘VASUNDHARA PATHAK MASOODI vs Union of India’ Writ Petition (Civil) No.826/2014.

Click below for full Text of Order dated 18th September 2014.

http://supremecourtofindia.nic.in/outtoday/wc82614p-2014_09_18.pdf

Earlier, on 12th September 2014, Supreme Court of India took up said PIL seeking directions to Central Govt to declare the ongoing floods tragedy in Kashmir as natural calamity and national disaster and speed up the rescue operations.  The matter was heard by bench of CJI Justice RM Lodha, Kurian Joseph and RF Nariman.  Full Text of the Order dated 12th September :

“Massive floods in Kashmir Valley have created horror and we are informed that more than 400 villages are affected and five lac people are still stranded. The petitioners have prayed for immediate rescue, relief and rehabilitation of the affected persons.

2. Mr. Colin Gonsalves, learned senior counsel has placed before us a note which mentions that eight districts namely; Kulgam, Anantnag, Shopian, Pulwama, Ganderbal, Baramulla, Budgam and Srinagar are gravely affected by the floods. It is also stated that there is immediate requirement of large number of helicopters, doctors, medicines, food including pediatric food, baby articles, blankets, life jackets, drinking water, sanitary pads, tents, warm clothes and footwear, fuel and other essential supplies. It is submitted that for such massive tragedy, the national response is required and Union of India must declare the present situation in Kashmir Valley as a natural calamity and national disaster. It is also suggested that for meeting calamity and disaster of this magnitude, all the States and Union Territories of India must be immediately encouraged to respond and provide the above requirements.

3. Mr. Mukul Rohatgi, learned Attorney General submits that Union of India is conscious of the seriousness of the situation and a committee headed by the Prime Minster is overseeing and co-ordinating the rescue and relief operations. He further submits that rescue operations by the Armed Forces are working in full swing and the Chief of the Army Staff himself is monitoring these operations.

4. The petitioners do not dispute the commendable work being done by the Armed Forces in rescue operations but they submit that the current rescue operations are too inadequate for such huge disaster.

5. It needs no emphasis from us that a calamity and disaster as huge as this deserves national response so that immediate relief is made available to the victims of floods.

6. We have no doubt that Government of India is concerned about the calamity that has affected large number of people in valley. We are sure that the Union Government will take all necessary steps urgently in accelerating the rescue, relief and rehabilitation operations. While doing so, the Union Government may also keep in view the suggestions given by Mr. Colin Gonsalves in the form of note, copy of which has been given to the learned Attorney General and so also the suggestions given by the other petitioners.

7. The Government of India may also consider forming a Unified Agency for proper co-ordination of rescue, relief and rehabilitation operations. It goes without saying that supply of food, drinking water, medicines, fuel and other essential supplies deserve top-most priority and so also the restoration of communication and provision for health-care facilities. After all, lives of people who are affected by such disaster have to be saved.

8. List both matters on 15.9.2014.”

Click below for full Text of Order dated 12th September 2014.

http://supremecourtofindia.nic.in/outtoday/wc82614p-2014_09_12.pdf

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Delhi High Court grants relief to former CM of Maharashtra Ashok Chavan in election expenses case

Justice Suresh Kait of Delhi High Court in a decision on 12th September 2014, in Writ Petition (Civil) No.4590/2014 allowed the writ petition filed by former CM of Maharashtra Ashok Chavan against the order dated 13.07.2014 passed by the Election Commission of India. He had sought direction to set aside the said order to the extent of  holding that he had failed to lodge his account of election expenses within time and in the manner required as per The Representation of People Act, 1951 and The Conduct of Elections Rules, 1961.  He had also sought direction to quash and set aside the consequential order to issue show cause notice under Rule 89(5) of the Rules.

Click below to read the Full Text of the Judgment.

http://lobis.nic.in/dhc/SKT/judgement/11-09-2014/SKT12092014CW45902014.pdf

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Delhi High Court declare e-rickshaws as illegal

The Delhi High Court in its decision on 9th September 2014 in CWP No.5764/2013 titled as  ‘Shanawaz Khan vs MCD and others’ declared as illegal the plying of e-rickshaws in Delhi and ordered that ban on plying of e-rickshaws in Delhi would continue till such time rules and regulations are brought about by the legislature to bring e-rickshaws under the ambit of the Motor Vehicles Act. The judgment was passed by a bench of Justice BD Ahmed and Justice Siddharth Mridul.

Click below to read the Full text of the Judgment.

http://lobis.nic.in/dhc/BDA/judgement/08-09-2014/BDA09092014CW57642013.pdf

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Set up environment regulator by March 31, Supreme Court tells Government

The Supreme Court is hearing a PIL being Writ Petition (Civil) No. 202/1995 titled as T.N. Godavarman Thirumulpad vs Union of India concerning protecting the environment.

On 6th January 2014, the green bench of Justice A.K. Patnaik, Justice S.S. Nijjar and Justice Fakkir Mohamed Ibrahim Kalifulla passed an order rejecting the central government's contention that under Section 2 of the Forest (Conservation) Act, 1980, the government alone is the regulator and no one else can be appointed so as directed in the case of Lafarge Umiam Mining Pvt Ltd. The Supreme court directed the central government to set up, by March 31, the national environment regulator with its offices in all the states to oversee the implementation of the various projects having environmental implications. The court said that henceforth the task of processing, appraisals and approval of the projects for environmental clearance under the Sep 14, 2006, Environment Impact Assessment (EIA) notification would be done by the regulator as it could carry out independent, objective and transparent appraisal and also monitor the implementations of the conditions.

The court pointed out that the existing mechanism under the EIA notification with regard to processing, appraisals and approval of the projects for environmental clearance is deficient in many respects. Matter was last listed on 21st July 2014.

Click below for the Full text of Order dated 6th January 2014.

http://courtnic.nic.in/supremecourt/temp/20219953612014p.txt

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