'Motherhood Cannot Be Distinguished By Surrogacy': HP High Court Upholds Commissioning Mother's Right To Maternity Leave

The Himachal Pradesh High Court has held that a commissioning mother is entitled to maternity leave on par with any other female government servant, quashing the State authorities' decision to deny such leave to Dr. Juhi Manhas. The Court observed that the petitioner, having become a commissioning mother on two occasions, had a right to maternity leave for both periods and that the State's...

Himachal Pradesh High Court Monthly Digest : August 2026

Nominal Index:Sunil Kumar v/s Baddi Barotiwala Nalagarh Development Authority.,2026 LiveLaw (HP) 92Shishu Pal Mehta v/s State of H.P. & another.,2026 LiveLaw (HP) 93Ajay Bhaik v. State of H.P. & Others.,2026 LiveLaw (HP) 94Smt. Raj (since deceased) through her legal representatives.,2026 LiveLaw (HP) 95Deep Ram v/s State of H.P. & others.,2026 LiveLaw (HP) 96Babita Jamwal v/s State...

HP High Court Quashes Case Against Woman Accused Of Disrupting Court, Says SDM Could Not Directly Lodge Police Complaint

The Himachal Pradesh High Court has quashed criminal proceedings against a woman accused of disrupting court proceedings, holding that the Sub-Divisional Magistrate who was presiding over the court at the time could not have directly approached the police.The Court held that under Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the complaint was required to be made in writing to...

'Deaf And Dumb' Person Not Necessarily Of Unsound Mind: Himachal Pradesh High Court Rejects Challenge To Partition Proceedings

The Himachal Pradesh High Court has held that merely because a person is deaf and dumb, it cannot be presumed that he is of unsound mind so as to necessitate appointment of a guardian under Order XXXII Rule 3 of the Code of Civil Procedure (CPC).The Court observed that such a requirement would arise only where it is established that the person is incapable of protecting his interests in...

SDM Cannot Halt Panchayat Samiti Chairman Election Over Horse-Trading Allegations: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a Sub-Divisional Magistrate cannot halt the election of Chairman and Vice-Chairman of a Panchayat Samiti on the ground that allegations of electoral irregularities or malpractices are pending police inquiry. The Court termed the SDM's action in deferring the election as “wholly untenable, manifestly illegal and contrary to rule of law”,...

Himachal Pradesh High Court Strikes Down State Rules On VC Appointments In Agricultural Universities, Says UGC Regulations Prevail

The Himachal Pradesh High Court has struck down provisions of the State's amended Universities Act governing the appointment of Vice-Chancellors, holding that subordinating the appointment to the aid and advice of the State Government was in violation of the UGC Regulations, 2018 and beyond the legislative competence of the State. The Court declared the impugned provisions ultra vires...

State Can't Deny Interest On GPF Amount Retained Beyond Retirement : HP HC

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G. S. Sandhawalia and Justice Jiya Lal Bhardwaj held that a government employee is entitled to interest on delayed GPF payments when the State itself processed the retention request and passed a validation order, preventing it from later claiming non-compliance with the rules. Background Facts...

'Protectors Have Become Violators': HP High Court Upholds Dismissal Of Police Constables Convicted Under NDPS Act

The Himachal Pradesh High Court has upheld the dismissal of two police constables convicted of offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), observing that the involvement of police personnel in NDPS offences was a serious matter. The Court held that, in the circumstances of the case, the dismissal of the constables was neither grossly excessive...

Para-Veterinarian From Legally Established University Cannot Be Denied Registration Over Absence Of State Recognition: HP High Court

The Himachal Pradesh High Court has held that a para-veterinary qualification obtained from a university established by law cannot be denied recognition merely because the university is not separately recognised by the State Government or registered with the Himachal Pradesh Para Veterinary Council. The Court further held that Rule 14 of the Himachal Pradesh Para Veterinary Council Rules,...

Mere Protesting Or Using Bad Language Does Not Constitute Obstruction Of Public Servant: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that mere protest or use of intemperate language against a public servant, in the absence of any overt act that actually obstructs the discharge of official duties, does not constitute an offence under Section 186 of the Indian Penal Code (IPC). The Court observed that while “obstruction” need not necessarily be physical, the prosecution must...

Unmarried Woman Applying For Govt Job Cannot Be Expected To Remain Unmarried Till Completion Of Recruitment Process: HP High Court

The Himachal Pradesh High Court has held that an unmarried woman who applies for a government post cannot be expected to remain unmarried until the recruitment process is completed. The Court made the observation while dealing with a petition challenging the rejection of a woman's candidature for the post of Van Mitra, after she married during the pendency of the selection process....

Government Employee Can't Be Denied Financial Benefit Merely For Lack Of Awareness Of Office Order Published Online: HP HC

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi held that a government employee cannot be denied the benefit of an office order with financial implications merely because it was placed on a website, as proper publication through a reasonable mode is essential, and the employee's lack of awareness due...