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Bombay High Court Dismisses Petitions Challenging Medical College Admission Process — Upholds Institutional Preference and Reservation Policy. Institutional preference by minority unaided medical colleges is permissible under Article 30(1) of the Constitution and does not violate Article 14.

The judgment involves multiple writ petitions filed by students challenging the admission process for MBBS/BDS courses in medical colleges in Maharash...

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Bombay High Court Allows Writ Petition Challenging Rejection of Scheduled Tribe Claim - Thakar Community. The court held that once documents show inclusion in Presidential Notification, the Scrutiny Committee cannot make further enquiries into tribal characteristics.

The petitioner, Deepak Shreerang Shinde, claimed to belong to the Thakar community, a notified Scheduled Tribe in Maharashtra. The Scrutiny Committee ...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bona Fide Passenger Based on Circumstantial Evidence. Parents of 18-year-old who fell from train entitled to compensation under Section 124A of the Railways Act, 1989 despite absence of ticket.

The appellants, parents of deceased Prasad Narshima Purohit, filed a claim petition before the Railway Claims Tribunal seeking compensation of Rs.4,00...

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Bombay High Court Allows Appeal of Disabled Employee in Service Dispute Against Trust and Welfare Authorities — Appointment of Person with Disability Upheld Under Persons with Disabilities Act, 1995. Third Party Lacks Locus Standi to Challenge Appointment of Disabled Person Under Section 33 of the Act.

The case involves two Letters Patent Appeals arising from writ petitions concerning the appointment of Smt. Vaishali Walmik Bagul, a person with 50% d...

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Bombay High Court Dismisses Petitions Challenging Termination Based on Invalidated Caste Claim - Halba Scheduled Tribe Status Dispute. Termination Consequential to Scrutiny Committee's Invalidation of Caste Claim; Petitioners May Seek Relief Under Government Resolution Dated 15.06.1995.

The judgment concerns three writ petitions filed by employees whose services were terminated after the Scheduled Tribe Certificate Scrutiny Committee ...

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Bombay High Court Quashes Promotions in Municipal Corporation Due to Non-Compliance with Reservation Policy and Seniority Rules. The court held that promotions must follow the prescribed reservation policy and consider seniority, and directed reconsideration of promotions.

The petitioner, Narendra Barde, filed a writ petition under Article 226 of the Constitution of India challenging the promotion of Respondent Nos. 2 an...

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Bombay High Court Quashes Permanent Cancellation of College Recognition for Violation of Natural Justice. Show Cause Notice and Final Order Must Be Passed by Same Authority Under Section 38 of Maharashtra Animal and Fishery Sciences University Act, 1998.

The petitioners, a Public Trust and a College run by it, challenged the order dated 25.10.2012 permanently cancelling the recognition granted to the p...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Barring Recovery of Excess Salary Paid Due to Employer's Error. Employer Cannot Recover Excess Payment When Employee Did Not Misrepresent and Recovery Would Cause Hardship.

The case involves a challenge by the Union of India and others against an order of the Central Administrative Tribunal (CAT) which directed the petiti...

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Bombay High Court Allows Petition Challenging Unilateral Alteration of Weekly Offs for Drivers. Management's Change in Weekly Off Pattern Without Notice Under Section 9A of Industrial Disputes Act, 1947 Constitutes Unfair Labour Practice Under Items 4 and 5 of Schedule IV of MRTU & PULP Act, 1971.

The Voltas Employees Union filed a complaint under Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfa...