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“The process adopted by the State must fall within the four corners of the ethos of the Constitution and equality clause, the writ petitions cannot be dismissed on technical grounds.”
The Court relied upon the decision of the Supreme Court in a case where a similar amendment of by State of Rajasthan was held ultra vires Article 14 and Article 246 of the Constitution due to the doctrine of public policy being vague and uncertain.
“Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of the rights and well-being of convicts. In denying them their legal right to be considered under a policy duly devised by the State for a specific purpose, the authorities have essentially categorised them as second-class citizens.”
“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”
“If a married son is eligible for compassionate appointment if he was dependent upon his father at the time of his death unless he had his own means of livelihood, then, there is no reason as to why a married daughter who is similarly placed, i.e., if she was dependent upon her father, should not be eligible for compassionate appointment under the aforesaid scheme.”
The Court added that this directive does not affect ongoing recruitment where examinations have already been conducted.
The Court acknowledged the grievance raised about the lack of recruitment for gazetted posts in Ladakh, issued notice and sought for the UPSC and Ladakh Government’s response.
“The petitioner can neither be cursed for her father’s culpability nor can the State tether her with her father’s acts or crimes to continue all through her life, though she had no role to play.”
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”
The case relates to IT Rules Amendment, 2023, when it allowed the government to set up Fact-Check Units (FCUs) to tackle misinformation against it, sparking fears of censorship and a chilling effect on free speech.
“Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms and professional roles.”
The Court opined that Regulation 10 permitted only Fellow Members to apply for Certificate of Practice because Fellow Members possessed higher qualifications than Associate Members by passing additional examinations and there is not only an intelligible differentia between Associate Members and Fellow Members but there is a rational nexus to the object sought to be achieved by the said classification.
The Court opined that both the contract teachers and the guest teachers are discharging same duties as they are teaching students in schools and thus, there is no difference between the contract teachers and the guest teachers.
“The act of terminating services of the petitioners, so as to deprive them of the benefits of Government Resolution was illegal and contrary to the principles of natural justice.”
“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”
The “Rules for Presentation and Conduct of Proceedings in Person by Parties” does not apply if a party desires to appear in person when the proceedings are related to applications for temporary bail, parole, furlough, and habeas corpus.
The new provisions which were introduced to cover international workers under the EPF Scheme, was held to be violative of Art. 14 of the Constitution.
“Petitioner is seeking to retain an advantage for the registered unrecognized political parties to get continued access to a particular free symbol and therefore indirectly converting a free symbol into a reserved symbol.”
“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”