Know Thy Judge | Justice Vijay Bishnoi, the 41st Chief Justice of Gauhati High Court

Early Life and Education¹

Born on 26-03-1964, Justice Vijay Bishnoi embarked on a journey marked by dedication and academic pursuit. His educational voyage culminated in the attainment of an LL.B. degree, thereby laying the foundation for a remarkable career in law.

Career Trajectory²

Having enrolled in the legal profession on 08-07-1989, and subsequently ascending to higher echelons of judiciary on 08-01-2013, Justice Vijay Bishnoi traversed a commendable trajectory in the corridors of justice.

As an advocate, Justice Bishnoi specialised in Constitutional Law, Criminal Law, and Election Law, and his journey prior to elevation as Judge was marked by multifaceted roles and commendable accomplishments. He served as Counsel for a myriad of esteemed entities including government departments such as Rural Development & Panchayat Raj, Stamps & Registration, Co-operative, Labour, Transport, and Excise Departments.

Justice Bishnoi’s expertise extended to representing notable bodies like the National Highway Authority of India Limited (NHAI), Rajasthan State Electricity Board, and Bharat Sanchar Nigam Limited (BSNL). His tenure as counsel also saw him advocating for educational institutions such as Maharana Pratap University of Agriculture & Technology Udaipur and Jai Narayan Vyas University Jodhpur, along with various Central Co-operative Banks. Additionally, his role as Counsel for the Bar Council of India & Bar Council of Rajasthan at Rajasthan High Court, Jodhpur, underscored his commitment to legal governance. Through these endeavors, he solidified his reputation as a legal luminary, poised for further contributions to the realm of law.

The Supreme Court Collegium vide resolution dated 27-12-2023³ recommended Justice Vijay Bishnoi as the Chief Justice of Gauhati High Court and he was sworn in on 05-02-2024.⁴

The Supreme Court while recommending Justice Bishnoi as Chief Justice stated⁵–

“The Collegium recommends the appointment of Justice Vijay Bishnoi as the Chief Justice of the Gauhati High Court. Justice Vijay Bishnoi was appointed as a Judge of the Rajasthan High Court on 08-01-2013 and has been functioning there as a senior puisne Judge. Before his elevation as a Judge of the High Court, he practiced at the Rajasthan High Court and the Central Administrative Tribunal at Jodhpur. (…) While recommending his name, the Collegium has taken into consideration the fact that at present the Rajasthan High Court which is parent High Court of Justice Bishnoi is not represented among the Chief Justices of the High Courts.”

Did you know? During his tenure as Judge of the Rajasthan High Court, Justice Vijay Bishnoi authored around 652 reported judgments.⁶

Important Judgments by Justice Vijay Bishnoi⁷

Justice Vijay Bishnoi is renowned for his commitment to upholding constitutional principles and ensuring procedural fairness. His notable judgments, including inclusivity in compassionate appointments and advocacy for modern crime-fighting techniques, underscore his dedication to justice and legal governance.

Excluding married daughters from compassionate appointment violative of Art. 14, 15 and 16 of the Constitution; Rajasthan High Court overrules judgments supporting exclusion

The present petition challenges the position of law prior to the amendment of Rule 2(c) of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996, which excludes the married daughter from the definition of ‘dependent’, for the purpose of compassionate appointment vide Notification dated 28-10-2021, a 3-Judge-Bench of Sandeep Mehta, Vijay Bishnoi and Arun Bhansali, JJ. held that the provision of Rule 2(c) of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996, which exclude the married daughter from definition of dependent prior to its amendment vide notification dated 28.10.2021, is discriminatory and violative of Articles 14 to 16 of the Constitution of India and as such, the word ‘unmarried’ from the definition of ‘dependent’, is struck down. Further, in Rule 5 of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 also the word unmarried daughters/adopted unmarried daughter, shall be read as daughters/adopted daughter. Read more..

[[Priyanka Shrimali v. State of Rajasthan, 2022 SCC OnLine Raj 1479]

Entitlement of ITC after cancellation of GST registration can be considered during revocation: Rajasthan High Court

The petitioner challenged the order passed by the Appellate Authority, Commercial Tax, Jodhpur wherein the GST registration of the firm (Petitioner) was cancelled on the ground of non-filing of GST return. While exercising its civil writ jurisdiction, the division bench of Vijay Bishnoi and Praveer Bhatnagar J.J. held that the assessee was entitled to lodge an Income Tax Claim when the department considered the issue of revocation of GST registration cancellation. Read more..

[R.K. Jewelers v Union of India, 2023 SCC OnLine Raj 737]

Rajasthan High Court | No appeal can be preferred challenging the issuance of an arms license in favour of any person under S. 18 Arms Act, 1959

Vijay Bishnoi, J. held the appeal filed by District Magistrate before Divisional Commissioner under Section 18 of Arms Act, 1959 challenging the issuance of arms license in favour of the petitioner who was the holder of license, as non — maintainable. Read more..

[Ramesh Chandra Patel v. State of Rajasthan, 2022 SCC OnLine Raj 1209]

Rajasthan High Court | Court allows compromise entered by parties since offences under NI Act are compoundable offences

Vijay Bishnoi, J., allowed a criminal revision petition seeking to set aside judgments convicting the petitioner about offences under the Negotiable Instruments Act. Read more..

[[Jasmel Singh v. State of Rajasthan, 2020 SCC OnLine Raj 334]

Rajasthan High Court | Representative sample of seized contraband can be drawn out only after contents of each package have been subjected to colour test by U.N. drug testing kit

Vijay Bishnoi J. allowed bail application filed by persons who were arrested for illegal possession of poppy straw; on the ground that the seizing officers did not follow the guidelines issued by Narcotics Control Bureau in regard of seizure, sampling and testing of the contraband. Read more..

[[Om Praksh Bishnoi v. Union of India, 2019 SCC OnLine Raj 1280]

In the light of securing all persons from crime, Rajasthan High Court directs for the recording of voice samples of accused

A Single Judge Bench comprising of Vijay Bishnoi J., while allowing to take the voice sample of the accused pronounced that “when the criminals are using the modern technologies to commit the crime, it is not justified to restrain the police or investigating agency to counter it”. Read more..

[State of Rajasthan v. Vikramjeet Singh, 2018 SCC OnLine Raj 1343]

Rajasthan High Court | No separate category for physically handicapped in reservation

Dismissing a petition, a division bench comprising of Amitava Roy, CJ and Vijay Bishnoi, J concluded that there should be no separate category of the physically handicapped persons for the purpose of reservation. Read more..

[Vikram Singh Chouhan v. State of Rajasthan, 2014 SCC OnLine Raj 1277]

Rajasthan High Court limits bonus marks to 15% experience weightage, preserving meritocracy in recruitment

Rajasthan High Court: A petition was filed challenging the second proviso to Rule 273 of Rajasthan Panchayati Raj (Amendment) Rules, 2013 stating that the grant of bonus marks against the experience is an “unconstitutional action of the State while making direct recruitment to the Rajasthan Panchayat Samiti and Zila Parishad Service. A division bench of Govind Mathur and Vijay Bishnoi, JJ., held that the respondents did not commit any wrong while extending weightage in the form of bonus marks against the service experience as per proviso to Rule 23 of the Rules of 1998 and such grant of weightage in no manner is in contravention of law. However, it clarified that the grant of bonus marks to the extent of 30 marks is unjust, arbitrary and unfair, hence, was declared illegal and quashed and the State Government may grant the weightage in the form of bonus marks against service experience within the cap of 15 marks.

[Archana v State of Rajasthan, 2013 SCC OnLine Raj 2759]

Rajasthan High Court upholds provisions of Rajasthan Agriculture Credit Operations (Removal of Difficulties) Act, 1974; Directs Bank to determine interest on Loan

Rajasthan High Court: A petition was filed by the petitioner for consideration that whether declaring Sections 13 and 14 of the Rajasthan Agriculture Credit Operations (Removal of Difficulties) Act, 1974 unconstitutional will be violative of Articles 14 and 21. A division bench of Amitava Roy, CJ., and Vijay Bishnoi, J., held that the challenge of the petitioner to the provisions of the Act of 1974 particularly to sections 13 and 14 fails and to that extent, the writ petition was dismissed.

[Harwinder Kaur v State Bank of India, 2014 SCC OnLine Raj 6503]

Rajasthan High Court dismisses petition challenging delimitation process in Nagar Palika Nokha

A petition was filed challenging the delimitation of wards in Nagar Palika Nokha, along with the consequential voters list, on the grounds of non-compliance with statutory provisions and guidelines. A division bench of Sunil Ambwani and Vijay Bishnoi, JJ., held that the petitioner’s failure to file objections during the stipulated period, coupled with the constitutional bar on judicial interference in electoral matters as per Article 243ZG, warranted dismissal of the petition warranting no interference.

[Kanhaiya Lal Jhanwar v State of Rajasthan, 2015 SCC OnLine Raj 8631]