UG/PG Higher Degrees But Appointment Criteria Can't Be Tinkered: Patna HC Upholds Bihar Pharmacists Cadre Rules Mandating Diploma In Pharmacy

The Patna High Court has upheld the constitutional and statutory validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (amended), making Diploma in Pharmacy (D. Pharma) from Institutions recognized by the Government along with a certificate, a compulsory requirement to be eligible for appointment as Pharmacist in State Health Department.Dismissing a series of writ petitions, the...

'Lethargic Approach Tarnished Country's Image': High Court Slams Bihar Police For Lapses In Probing Foreign National Minor's Sexual Abuse Case

The Patna High Court has strongly criticised the Bihar police for their lethargic and negligent handling of a case involving allegations of sexual abuse against a minor foreign national, observing that their conduct—from the stage of FIR registration to investigation and charge-sheet submission—tarnished the image of India as a nation committed to justice under the Constitution.The Court...

Spouse Having Schizophrenia Not Ground For Divorce Unless Disorder Of Such Degree That Partner Can't Be Expected To Live Together: Patna HC

The Patna High Court has held that mere allegations of a mental disorder such as schizophrenia cannot justify a plea for divorce unless it is proved that the disorder is of such a kind and degree that the partner cannot reasonably be expected to live together. The Court emphasised that vague or unsubstantiated claims regarding mental illness or cruelty are insufficient to attract the grounds...

Patna High Court Directs Transfer Of Final-Year BDS Student To Govt College After Derecognition Of Private Institute

The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.Justice Anjani Kumar Sharan,...

Child Custody Can Be Granted Based On Present Day Circumstances, Courts Can't Cast Child's Horoscope: Patna High Court

The Patna High Court rejected a father's plea for custody over his minor daughter, after noting that the girl who has been living with her maternal grandfathers since she was an infant, would feel more warmth, affection and sense of security in their company today as compared to living in her father's company. The court however made it clear that it has not observed that the father is unfit...

S.125 CrPC | Muslim Woman Entitled To Maintenance If Unable To Maintain Herself After Divorce Despite Being Paid For Iddat Period: Patna HC

The Patna High Court in a recent ruling has reaffirmed that a Muslim woman, even after being divorced, is entitled to claim maintenance under Section 125 of the Criminal Procedure Code (Cr.PC) if her former husband has not made sufficient provision for her livelihood during the iddat period or thereafter. The Court observed that the existence of the Muslim Women (Protection of Rights on...

'No Systematic Irregularities Proven': Patna HC Dismisses Pleas Challenging BPSC 70th Prelims, Allows Conduct Of Mains Examination

The Patna High Court on Friday dismissed multiple petitions seeking the cancellation and re-examination of the integrated 70th Bihar Public Service Commission (BPSC) Combined (Preliminary) Competitive Examination (CCE). The court ruled that there was “no definite evidence of malpractice at all centres” in the preliminary tests conducted on December 13, 2024.A division bench comprising...

In Absence Of Separate 'Seat' Clause In Arbitral Agreement, Court Mentioned In 'Venue' Clause Has Exclusive Jurisdiction: Patna HC

The Patna High Court bench of Acting Chief Justice Ashutosh Kumar has held that in the absence of any clause in the agreement apart from Clause 36.3, which speaks of the “venue” being Delhi, there cannot be any other inference or intention of the parties for the “venue” and the “seat” being different. Additionally, the court noted that the agreement in question does...

Parallel Proceedings U/S 145 Of CrPC Are Unsustainable When Civil Suit Concerning Same Property Is Already Pending: Patna HC

The Patna High Court has held that parallel proceedings under Section 145 of the Cr.PC are unsustainable when a civil suit concerning the same property is already pending, and that an attachment order under Section 146(1) Cr.PC requires an “emergent situation” which is more than a mere apprehension of breach of peace.Justice Jitendra Kumar observed, “It is also pertinent to point out...

Fresh Disciplinary Enquiry After Submission Of Enquiry Report Impermissible: Patna HC

Patna High Court: A single judge bench of Justice Arvind Singh Chandel set aside an order for fresh disciplinary enquiry against a government servant, finding it impermissible under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The court held that after submission of an enquiry report, the disciplinary authority has limited options and cannot start a...

Pay Verification Cell Cannot Unilaterally Override University's Pay Fixation Of Employees: Patna HC

Patna High Court: A Single Judge Bench of Justice Harish Kumar ruled that the Pay Verification Cell under the Education Department cannot unilaterally override pay fixation decisions made by a university's statutory committee. The court held that objections from the Pay Verification Cell should be treated as audit objections; they require the university to notify affected employees...

'Publicity Interest', Patna High Court Refuses To Pass Order In PIL Against Honey Singh's Song, Seeks Union's Response

The Patna High Court today (March 7) heard a Public Interest Litigation (PIL) filed by actress Nitu Chandra against the alleged vulgarity in renowned singer Yo Yo Honey Singh's latest chartbuster song 'Maniac'. The actress had approached the High Court seeking legal action against Honey Singh's new song, including the deletion of the song.Today, the matter was fixed for the passing of an...