Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Education

Education

Determining Equivalence — The decision on whether a particular qualification should be regarded as equivalent to the prescribed qualification lies with the state or the recruiting authority, not the court — This is a technical academic matter that cannot be implied or assumed. — Any decision by an academic body or university regarding the equivalence of qualifications must be made through a specific order or resolution, which should be duly published — A mere certificate without such formal backing is not sufficient to establish equivalence.

Aug 13, 2024 sclaw

2024 INSC 580 SUPREME COURT OF INDIA DIVISION BENCH SHIFANA P.S. — Appellant Vs. THE STATE OF KERALA AND OTHERS — Respondent ( Before : Hima Kohli and Sandeep Mehta,…

Education

NEET Examination — Supreme Court ruled that a fresh NEET (UG) 2024 examination is not necessary, and the results of the examination should be declared as valid, subject to certain modifications — The Court found no systemic breach in the sanctity of the examination and no conclusive material to lead to the conclusion that the entire result stands vitiated or that there was a systemic leak of the question paper — The Court allowed students with individual grievances to pursue their rights and remedies in accordance with law, including by moving the jurisdictional High Courts under Article 226 of the Constitution — The Court also constituted a seven-member Expert Committee to strengthen the process of conducting NEET (UG) and other examinations and prevent similar instances in the future.

Jul 27, 2024 sclaw

2024 INSC 553 SUPREME COURT OF INDIA FULL BENCH VANSHIKA YADAV — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI, J…

Education

The Court found the cancellation of admission arbitrary and discriminatory, as the appellant could not control his father’s deployment location – The Court analyzed previous judgments and guidelines, concluding that the appellant was entitled to admission under the State quota irrespective of his father’s posting – The Court directed the creation of an additional seat for the appellant in the next academic session and awarded compensation for the arbitrary cancellation of his admission.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH VANSH S/O PRAKASH DOLAS — Appellant Vs. THE MINISTRY OF EDUCATION AND THE MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS — Respondent (…

Education

Kannur University Act, 1996 – Section 10(9) and Section 10(10) – Re-appointment of Vice-Chancellor – It is the Chancellor who has been conferred with the competence under the Act 1996 to appoint or reappoint a Vice-Chancellor – No other person even the Pro-Chancellor or any superior authority can interfere with the functioning of the statutory authority and if any decision is taken by a statutory authority

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. PREMACHANDRAN KEEZHOTH AND OTHERS — Appellant Vs. THE CHANCELLOR KANNUR UNIVERSITY AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI.,…

Education

Right of Children to Free and Compulsory Education Act, 2009 – Section 23(1) – Appointment of teachers for Class I to VIII – Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed – An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIVEER SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ.…

Education

NEET PG – Rejection of candidature to Post Graduate Medical Seat – Petitioner is a U.S. National holds an Overseas Citizen of India card by the All India Institute of Medical Sciences (AIIMS) – Eligibility to claim the benefit of Overseas Citizen of India (OCI) card holder is undeniable – Rejection of her candidature is not supportable in law

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PALLAVI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. ) Writ Petition…

Constitution Education

Right to Education Act, 2009 – Section 23(1) – Appointment to Post of Primary School Teachers – Decision of the National Council for Teacher Education (NCTE) to include B.Ed. as a qualification for teachers in a primary school seems arbitrary, unreasonable and in fact has no nexus with the object sought to be achieved by the Act i.e. Right to Education Act, which is to give to children not only free and compulsory but also ‘quality’ education

Aug 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVESH SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Constitution Education

Imposition of the minimum 75% eligibility condition, therefore, does not subserve the object of introducing the sports quota, but is, rather destructive of it; the criterion, in that sense subverted the object and is discriminatory; it therefore, falls afoul of the equality clause, in Article 14 of the Constitution

Aug 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEV GUPTA — Appellant Vs. PEC UNIVERSITY OF TECHNOLOGY AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw