Case BriefsHigh Courts

Jammu and Kashmir High Court: The Bench of Ali Mohammad Magrey, J., dismissed a petition that was filed by the petitioners on the apprehension that they might be transferred.

The petitioner’s claim was within reference to continuation as General Line Teachers at Government High School without any hindrance with reference to the application of Rehbar-e-Taleem Scheme and the condition of their regularization order. The relevant part of the scheme is that-“As a matter of policy and consistent with the imperatives of smooth working of Rural Schools, the Rehbar-e-Taleems so regularized shall not be transferred out.”

The High Court held after a perusal of the pleadings and documents on record that there was no order of transfer made by any of the respondents against the petitioners, which could form the basis for challenging the same. Petitioners had filed the petition merely on apprehension. The Court further stated that it is a well-settled law that no relief can be granted in the petition, which has been filed on apprehension. It relied on n the case of Chanan Singh v. Registrar, Co. OP. Societies, Punjab, (1976) 3 SCC 361 and Kunda S. Kadam v. K.K. Soman, (1980) 2 SCC 355. The petition was thus rejected. [Fayaz Ahmad Dar v. State, 2019 SCC OnLine J&K 123, Order dated 13-02-2019]

Case BriefsHigh Courts

Madras High Court: G.K. ILanthiraiyan, J. directed the Superintendent of Police, Krishnagiri and the Inspector of police, Bargur Police Station (respondents) to issue necessary permission to the petitioner for conducting of a cultural programme in connection with Sri Mariamman Temple Festival.

Petitioner had made a representation to respondents seeking permission to conduct cultural programme as mentioned above but the same was not considered. As such, the petitioner represented by S. Mayinlnathan filed the present criminal original petition. T. Shunmugarajeswaran, Government Advocate appearing for the respondents submitted that there was a likelihood of arising of a law and order problem.

The High Court observed, “mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted.” In such view of the matter, the petition was allowed and the permission to conduct a cultural programme in Sri Mariamman Temple Festival at Kappalvadi Village was granted subject to certain conditions mentioned by the Court. [K. Venkatesh Prasad v. Superintendent of Police, 2019 SCC OnLine Mad 453, dated 04-02-2019]