Search Results for "unconstitutional provisions"

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Bombay High Court Upholds Government Resolution Reducing Retirement Age of Teachers from 62 to 60 Years. Fixing Retirement Age is a Policy Matter within State's Exclusive Domain and Pending Proposals Not Approved Before Resolution Do Not Entitle Teachers to Claim Vested Right or Discrimination.

The dispute arose from two writ petitions filed by Professors, Associate Professors, and a Librarian serving in various colleges in Maharashtra, chall...

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Supreme Court Allows Appeals by University and Colleges in Assistant Professor Recruitment Dispute — UGC Regulation 10 Applicable for Awarding Marks for Teaching Experience Under Table 3A.

The Supreme Court of India allowed the appeals filed by Allahabad University and its affiliated colleges against the judgment of the Allahabad High Co...

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Bombay High Court Dismisses PIL Challenging Search Committee Appointment for Vice Chancellor of Pune University. UGC Regulations, 2010 Held Directory, Not Mandatory, for Appointment Under Maharashtra Universities Act, 1994.

This Public Interest Litigation (PIL) was filed by Suresh Patilkhede challenging the appointment of the Search Committee for recommending a panel for ...

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Supreme Court Addresses Challenge to National Eligibility-cum-Entrance Test (NEET) Notifications for Medical Admissions. The court examines the regulatory power of medical councils and the impact on minority educational institutions under Articles 19(1)(g) and 30 of the Constitution.

The Supreme Court of India heard a batch of writ petitions and transferred cases challenging four notifications issued by the Medical Council of India...

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Bombay High Court Strikes Down Amended IT Rule 3(1)(b)(v) as Unconstitutional — Majority Opinion Holds Rule Violates Articles 14, 19(1)(a), 19(1)(g) and Section 79 of IT Act, 2000.

The batch of writ petitions challenged the constitutional validity of the amendment dated 6th April 2023 to Rule 3(1)(b)(v) of the Information Technol...

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Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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High Court of Karnataka Considers Challenge to Forest Notification as Ultra Vires the Constitution and Forest Laws — Mining Companies Allege Notification Violates Article 246 and Entry 54 of Union List, Karnataka Forest Act, 1963 and Forest (Conservation) Act, 1980

The matter involved multiple writ petitions filed before the High Court of Karnataka by several mining corporations and mineral industries, including ...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Considers Validity of AAIFR Order Setting Aside BIFR's Exclusion of ULC Land from Sick Company's Rehabilitation Scheme. The Court Examines Whether the Remand for Modification Was Justified Under SICA and ULC Provisions.

The petitioner, Swayam Realtors and Traders LLP, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay ...