Justice Ravi Shanker Jha is a renowned jurist in the Indian legal system who has made substantial contributions to the field of justice and created a niche of his own. Over the course of his illustrious legal career spanning about 37 years, Justice Jha has been an embodiment of integrity and an unrelenting force of justice. Justice Ravi Shanker Jha has laid the foundation of his illustrious career based on his consistent dedication to the principles of equity and the rule of law. As he retires on 13-10-2023, Justice Ravi Shanker Jha is leaving behind a legacy of his own for generations to learn and follow.
Early Life and Education1
Justice Ravi Shanker Jha was born on 14-10-1961, to late Arun Shanker Jha who was the grandson of Padma Bhushan Dr. V.S. Jha, Ex Vice Chancellor of Banaras Hindu University and Chairman of Commonwealth Education Liaison, London, and great grandson of Rai Saheb Pandit Lajja Shanker Jha, founder of Government Pt. Lajja Shanker Jha Model School of Excellence, Jabalpur.
In 1986, Justice Ravi Shanker Jha obtained his degree in law (LL. B) from the University Teaching Department, Rani Durgawati Vishwavidyalaya, Jabalpur and enrolled as an Advocate on 20-09-1986 with the State Bar Council of Madhya Pradesh. Justice Jha initially joined the chamber of P.P. Naolekar in the year 1986, who later became a Judge of the Madhya Pradesh High Court and retired as the Judge of the Supreme Court of India and thereafter served as Lokayukta, Madhya Pradesh.
Career Trajectory2
As an Advocate
Post enrolment, Justice Ravi Shanker Jha actively practiced in the High Court of Madhya Pradesh before the Central Administrative Tribunal and Securities Appellate Tribunal since their establishment and extensively dealt with Constitutional vires matters, tax related matters and other constitutional matters for the State of Madhya Pradesh besides civil services and criminal matters.
Justice Ravi Shanker Jha also served as the counsel for the High Court of Madhya Pradesh, Bhilai Steel Plant, Food Corporation of India, M.P. State Minor Forest Produce Trading & Development Federation and others.
As a Judge
On 18-10-2005, Justice Ravi Shanker Jha was appointed as an Additional Judge of the High Court of Madhya Pradesh and attained permanency vide appointment as Permanent Judge on 02-02-2007.
Justice Jha was appointed as Acting Chief Justice of the High Court of Madhya Pradesh on 10-06-2019.
Later, the Supreme Court Collegium vide resolution3 dated 28-08-2019 recommended Justice Jha as the Chief Justice of Punjab and Haryana High Court. The Collegium expressed its approval in the following words:
“.Justice Ravi Shanker Jha is a senior puisne Judge from Madhya Pradesh High Court and has been functioning there since his elevation. Having regard to all relevant factors, the Collegium is of the considered view that Justice Ravi Shanker Jha is suitable in all respects for being appointed as Chief Justice of the Punjab & Haryana High Court. The Collegium resolves to recommend accordingly. It is deemed necessary to add here that while recommending the name of Justice Ravi Shanker Jha, the Collegium is well conscious of his position in the seniority of Judges hailing from the Madhya Pradesh High Court.”
Finally, Justice Ravi Shanker Jha, took oath as the Chief Justice of Punjab and Haryana High Court on 06-10-2019.
After completing a span of about 37 dedicated years in the legal service, Justice Ravi Shanker Jha is set to retire on 13-10-2023. We not only wish him a great journey ahead but also look back at the legacy he leaves behind through his notable judgments.
Notable Decisions by Justice Ravi Shanker Jha
Punjab and Haryana High Court | “Provident Fund is based on adequate contributions from members of the fund”; HC allowed forfeiture of pension on resignation
In an appeal filed against an order dated 30-10-2019 passed by the Single Judge disposing of the writ petition filed by the petitioner (appellant herein) granting all the retiral benefits except pension to him, a division bench of Ravi Shanker Jha, CJ. and Arun Palli, J., upheld the impugned order of Single Judge whereby, the Single Judge had held that the appellant is not entitled to pensionary benefits as he has resigned from service. Read More..
[Kanwar Kesri Singh v. Punjab National Bank, 2020 SCC OnLine P&H 2359]
Punjab and Haryana High Court| Experience gained by erstwhile partnership firm could not be construed as experience of partners in an individual capacity
The Division Bench comprising of Ravi Shanker Jha, CJ., and Arun Palli, J., heard the instant petition wherein the issue before the Bench was whether a partner can claim the expedience of erstwhile partnership firm in an individual capacity. The Bench stated, “The petitioner herein having applied independently without any partners, consortium or joint venture, cannot rely upon the technical qualifications of a third party (erstwhile firm) to claim eligibility.” Read More.
[A.G. Construction Co. v. Food Corporation of India, 2021 SCC OnLine P&H 306]
Punjab and Haryana High Court directs State to consider construction of hospital being besides a petrol pump without sanction
In a PIL filed by the petitioner challenging the construction of a hospital being undertaken by the private respondents besides a petrol pump on the government land without obtaining necessary permission/sanction etc. as required by law, a division bench of Ravi Shanker Jha, CJ., and Arun Palli, J., directed the authorities to take a decision in the matter within a period of four weeks from the date a certified copy of the order passed today is supplied to the authorities after hearing all the concerned strictly in accordance with the procedure prescribed by law.
[Swasthya Siksha Sehyog Sangathan v. State of Haryana, 2020 SCC OnLine P&H 2671]
Punjab and Haryana High Court directs State to take steps against Sikh for Justice, a pro Khalistan organisation promoting separatist agenda
In a petition filed by the petitioner praying for taking steps against a banned organization; Sikh for Justice, which has suddenly become very active furthering the cause of separate State for Sikhs i.e. Khalistan, a division bench of Ravi Shanker Jha, CJ., and Arun Palli, J., directed the State that necessary action be taken by the authorities and the information available with the petitioner may be analyzed and necessary steps for dealing with the threat perception be taken, if so required.
[Bikramjit Singh Bajwa v Union of India, 2020 SCC OnLine P&H 2670]
Punjab and Haryana High Court directs to consider access to mental healthcare services to public due to COVID-induced issues
In a petition filed by the petitioner, a lawyer praying for a Mandamus, sought directions to the respondents to provide access to adequate and affordable mental health care services, promote pro-active mental health initiatives, and undertake extensive training for mental health care by professionals to address the mental health issues faced by the public during the crises induced by COVID-19, a division bench of Ravi Shanker Jha, CJ., and Arun Palli, J., held that the concerns raised by the petitioner too are well founded and, of course, her suggestions and inputs to combat the crises are well researched and for a public good. The Court directed as under:
“We find it expedient to dispose of this petition with liberty to the petitioner to move the respondents with all the suggestions and inputs she has, to help the authorities to address the issue. We are sanguine that all the parties to the petition have a common intent and purpose to achieve, in the event, the suggestions/inputs rendered by the petitioner are found feasible and effective, the same shall be factored in by the authorities to provide timely mental health care services to those who need immediate attention.”
[Sumati Jund v UT of Chandigarh, 2020 SCC OnLine P&H 2672]
Punjab and Haryana High Court | Imposition, Determination and Recovery of tax cannot be assailed by filing a PIL
In a PIL filed challenging notification dated 28-03-2017, relating to charge and imposition of road tax on ex-showroom price of new vehicles by including the GST paid by the customers on the amount based on which road tax is levied, a division bench of Ravi Shanker Jha, CJ., and Arun Palli, J. held that the matter relates to the imposition, determination and recovery of tax, which in itself is the public interest, and therefore, imposition, determination and recovery of tax cannot be assailed by filing a Public Interest Litigation.
[Pushpender v State of Haryana, 2020 SCC OnLine P&H 2521]
Punjab and Haryana High Court rejects prayer for parole to attend last rites of father owing to COVID-19 crisis
In a petition filed by the petitioner seeking to command the Superintendent, Central Jail-1, Hisar, Haryana (respondent No. 3) to temporarily release the petitioner on parole, in terms of Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, (‘the Act’, for short), to attend the last rites of his father, a division bench of Ravi Shanker Jha, CJ., and Arun Palli, J. rejected the prayer of the petitioner or to order his release from prison on parole as the States were under curfew and owing to a pandemic (COVID-19), the country is under a national lockdown.
[Natwar Lal Das v State of Haryana, 2020 SCC OnLine P&H 4830]
[JEE 2023] Punjab and Haryana High Court rejects prayer seeking change of category from General to EWS midway exams
In a petition filed by the petitioner-student seeking a writ of mandamus directing the respondents to consider the candidature of the petitioner against the General EWS category for admission to Joint Entrance Examination (Advanced) 2023 for Indian Institutes of Technology, a division bench of Ravi Shanker Jha, CJ., and Arun Palli, J., rejected the prayer and held that if the prayer made by the petitioner is acceded to at this stage, it would open a Pandora’s box and would encourage other students as well to change their category, which has specifically been prohibited by the respondents vide clause 3 of the Information Brochure of JEE (Advanced) 2023, which is not under challenge. The Court observed that
“The requirement of sticking to the category that has been mentioned by a student at the initial stage of JEE (Main) examination is based on a clear principle and foundation that a candidate must be careful and has to be sure about his category at the time of filling up the form for JEE (Main) examination and the prohibition for change in the category is to ensure that there is uniformity in consideration of cases of all the candidates, as changing the category in between the examination process would evidently lead to chaos.”
[Keshav Gupta v Union of India, 2023 SCC OnLine P&H 1010]
Madhya Pradesh High Court| Decision of Criminal Court based on compromise or acquittal of candidate does not mean good character making him eligible for Civil Judge appointment
In a petition filed considering whether in all cases, where an FIR lodged against a person for minor offences has been quashed on the basis of a compromise arrived at between the parties or a person has been acquitted on account of a compromise between the parties, the character of the person applying for appointment thereafter as Civil Judge, has to be treated as Good and such a person cannot be held ineligible for appointment under Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994, a Full Bench of Hemant Gupta, CJ., Ravi Shanker Jha and Nandita Dubey, JJ. held that the decision of the Criminal Court based on compromise, or an acquittal cannot be treated that the candidate possesses good character, which may make him eligible, as the criminal proceedings are with the view to find culpability of commission of offence whereas the appointment to the civil post is in view of his suitability to the post.
The Court observed, “The test for each of them is based upon different parameters and therefore, acquittal in a criminal case is not a certificate of good conduct to a candidate. The competent Authority has to take a decision in respect of the suitability of candidate to discharge the functions of a civil post and that mere acquittal in a criminal case would not be sufficient to infer that the candidate possesses good character.”
The Court also observed, “A Judicial Officer must discharge the sovereign functions in the administration of justice. Thus, the expectations from a Judicial Officer are of a much higher standard. There cannot be any compromise in respect of rectitude, honesty, and integrity of a candidate who seeks appointment as Civil Judge. The personal conduct of a candidate to be appointed as a Judicial Officer has to be free from any taint. The same must be in tune with the highest standard of propriety and probity.”
[Ashutosh Pawar v High Court of MP, 2018 SCC OnLine MP 72]
Madhya Pradesh High Court upholds conviction of Deputy Superintendent of Police being accused of bribery and extortion from complainant
In an appeal filed challenging the judgment of conviction and order of sentence dated 16-10-2007 passed by the Special Judge convicting and sentencing the appellant under Section 7 of the Prevention of Corruption Act to undergo six months’ R.I. with a fine of Rs. 500 under Section 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act to undergo two years’ R.I. with a fine of Rs. 1000/-, under Section 420 IPC to undergo two years’ R.I. with a fine of Rs. 1000/- and under Section 388 IPC to undergo two years’ R.I. with a fine of Rs. 1000/- with default stipulation and a direction to run all the jail sentences concurrently, a division bench of Ravi Shanker Jha and Ashok Kumar Joshi, JJ., held that the Trial Court had properly and legally analysed the evidence available on record and had not committed any error in convicting and sentencing the appellant.
“The Court stated that the “Trial Court has rightly found the facts proved that the appellant being an investigator of a crime misusing his position put the complainant in fear or threat of accusation under above mentioned crime for offence of rape, which is punishable with life imprisonment, compelled him to be ready for giving him bribe and thereby committed extortion and also cheated the complainant by intimating him that there is evidence available against the complainant for offence of rape and thus, thereby dishonestly induced the complainant to deliver the bribe amount of Rs. 25,000/- on the date 13.5.2003 and the appellant being a public servant demanded illegal gratification of Rs. 1,00,000/- to save the complainant from accusation in relation to offence of rape and after negotiations with complainant agreed to receive Rs. 25,000/- and accepted Rs. 25,000/- from complainant as illegal gratification on 13.5.2003 at about 8:00 p.m. and by above mentioned acts, the appellant as public servant abused his position and obtained for himself the above mentioned bribe amount and committed criminal misconduct.”
[Raj Kumar Jaiswal v State of MP, 2017 SCC OnLine MP 730]
Madhya Pradesh High Court| No merit in private institutions plea seeking reimbursement of entire fees of SC and ST students under Government Post-Matric scholarship Scheme
In a petition filed by the private educational institutions that are running colleges and imparting various undergraduate courses challenging the State decision to grant scholarship only to the extent of the fee prevailing in government colleges as a result of which the petitioners/institutions are suffering great loss as the these institutions obtained approval of the fee structure from the competent authority of the higher education department and were under the impression that they would be getting full reimbursement of the fee charged by them from the schedule castes and schedule tribes students, a division bench of Ravi Shanker Jha and Ashok Kumar Joshi, JJ., held that the fixation of the fees to be charged by a private educational institutions has no bearing or relationship with the grant of post-matric scholarship to the schedule castes and schedule tribes students.
The Court opined that “a private educational institution after seeking approval can charge educational fees to the extent approved for scheduled castes and scheduled tribe students. However, as far as post-matric scholarship is concerned, the students belonging to the schedule castes and schedule tribes category would be entitled to scholarship only to the extent decided by the State which in the instant case is the fee charged for a similar course in government colleges and nothing more. The charge of fees by an educational institution and the grant of post-matric scholarship by the government are two separate and distinct issues and have no co-relation between them.”
[Adarsh Girls College v State of MP, 2017 SCC OnLine MP 739]
Madhya Pradesh High Court upholds acquittal in offence of gang rape of a 14-year-old deceased victim
In a petition filed by the State under Section 397 and 401 of the Criminal Procedure Code against the order passed by the Juvenile Justice Board, Chhatarpur on 6-11-2015 in a criminal case, whereby each of the respondents has been acquitted from the charges under Sections 364, 376(2)(6) and 302 of the IPC, a division bench of Ravi Shanker Jha and Ashok Kumar Joshi, JJ., held that the Juvenile Justice Board has properly and legally appreciated the circumstantial evidence produced by the prosecution before it, thus, the Juvenile Justice Board has not committed any illegality or irregularity in acquitting each of the respondents from the above-mentioned charges.
[State of MP v Sarman, 2017 SCC OnLine MP 494]
1. District Court, Panchkula Website
