Income Certificate Not Required When BPL Certificate Is Submitted: Himachal Pradesh High Court

Himachal Pradesh High Court held that a valid Below Poverty Line certificate is sufficient to claim marks reserved for candidates from economically weaker backgrounds, and income certificate is not required. The Court stated that a BPL certificate is issued only to families who meet the prescribed income eligibility criteria.Justice Vivek Singh Thakur and Justice Ranjan Sharma: “The words,...

Probation of Offenders Act Not Applicable In Serious Offences Like Job Fraud: Himachal Pradesh High Court

Himachal Pradesh High Court held that the benefit of Probation of Offenders Act can't be given in cases when a person secures a government job through fraud by misusing another individual's educational certificate. The Court emphasized that such fraudulent act deprives another person of public employment. Justice Rakesh Kainthla: “The petitioner/accused had used the certificate of Mohan...

State Can't Treat All Land Owners Alike, As It Would Deny Poor Rural Land Owners Fair Compensation: Himachal Pradesh High Court Orders Compensation At Multiplier Of Two For Rural Land Acquisition

Himachal Pradesh High Court quashed a State Government notification that had fixed the compensation multiplier at one for rural land acquisitions. The Court held that multiplier factor is required to be two for land acquired in rural areas. It emphasized that the state can't treat all landowners the same, as doing so denies poor land owners in rural areas fair compensation, which defeats the...

Assessing Officer Can't Act As Prosecutor, Judge And Executor At The Same Time: Himachal Pradesh High Court

Himachal Pradesh High Court held that the Assessing officer must provide the university a fair opportunity to present its case and can't take law in his own hand by acting as a Prosecutor, Judge and Executor at the same time.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “The Assessing officer took the law into his own hand and played as a Prosecutor, Judge and Executor at the...

Personal Choice To Prepare For Competitive Exams Does Not Entitle Extension Of Professional Course: Himachal Pradesh High Court

Himachal Pradesh High Court held that a student's personal decision to prepare for a competitive examination and not appear for semester examination does not entitle them to an extension of the of the prescribed timeline for completion of a professional course.Justice Ajay Mohan Goel: “The petitioner himself chose not appear in the MBA 4th Semester examination, as he intended to prepare...

Claim For Seniority Not Maintainable When Transfer Order Expressly Forfeits Prior Service: Himachal Pradesh High Court

Himachal Pradesh High Court held that a claim for seniority can't be sustained, where the terms of transfer clearly provide that previous service will not be counted for seniority purpose.Justice G.S. Sandhawalia and Justice Ranjan Sharma: “Once the condition provided that earlier seniority would be forfeited, the claim for seniority in future could not have been made. If such a course...

Statutory Service Requirements Under Recruitment Rules Are Mandatory; Can't Be Overridden By Administrative Approvals : Himachal Pradesh HC

A Division bench of the Himachal Pradesh High Court comprising of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma, held that eligibility for promotion or recruitment through limited competitive examination must strictly comply with the statutory service requirement under the applicable service rules, and administrative approvals cannot override these mandatory...

State's Delay In Creating Posts, Can't Deny Regularization Rights To Contractual Employees: Himachal Pradesh High Court

Himachal Pradesh High Court held that State's delay in creating posts, can't defeat the contractual employees right to regularization once they fulfill the prescribed period of service under the State's regularization policy.Justice Satyen Vaidya: “Thus, had the posts been created within reasonable time, the petitioners would have been eligible for regularization even in terms of...

Himachal Pradesh High Court Receives Suicide Bomb Threat, Turns Out To Be Hoax

The Himachal Pradesh High Court today received a threat about the possible presence of suicide attackers with Improvised Explosive Devices (IEDs) at the Court premises. In response to the potential threat, the premises were promptly evacuated to ensure the safety of court staff and lawyers. Following the evacuation, the Shimla police, accompanied by a bomb disposal squad, carried out...

Judicial Review Can't Be Invoked To Override Recruitment Rules Framed By Competent Authority: Himachal Pradesh High Court

Himachal Pradesh High Court held that the eligibility conditions for a particular post are determined by the employer, and Courts can't modify them or frame new ones.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “Court under the garb of judicial review can't sit over the rules to decide what is best for employer”. Background Facts:The petitioner, Akhil, completed his...

Burden Lies On Employee To Justify Claim Under 'Equal Pay For Equal Work' Principle: Himachal Pradesh High Court

Himachal Pradesh High Court held that when an employee seeks the benefit of principle of equal pay for equal work, it is their duty to submit relevant data to support the claim.Justice Satyen Vaidya: “In order to seek benefits of principle of equal pay for equal work again, the petitioner was required to justify his stand by producing the relevant data” Background Facts:The...

Almost 2 Yrs Passed, Not A Single Witness Was Examined: HP High Court Grants Bail to NDPS Accused, Cites Violation Of Fundamental Rights

The Himachal Pradesh High Court, on Tuesday (June 3), granted bail to an individual accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing an undue delay in initiating the trial proceedings.The bench of Justice Rakesh Kainthla observed that the petitioner has remained in custody for one year and nine months. It was further observed that during this period, the...