Patna High Court Weekly Roundup: April 07 - April 13, 2025

Citations: 2025 LiveLaw (Pat) 25 To 2025 LiveLaw (Pat) 31NOMINAL INDEXX versus Y 2025 LiveLaw (Pat) 25Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw 2025 LiveLaw (Pat) 26Anisha Raj vs The State of Bihar and ors 2025 LiveLaw (Pat) 27The State of Bihar and ors vs Dhirendra Kumar and ors 2025 LiveLaw (Pat) 28Sanjeev Kumar Mishra vs The State of Bihar 2025 LiveLaw (Pat) 29Brij Nandan @ Siya Ram Yadav and Anr vs The State of Bihar and ors 2025 LiveLaw (Pat) 30Angela Lee Hicks vs The State of Bihar and Ors 2025 LiveLaw (Pat) 31Orders/JudgementsChild Custody Can Be Granted Based On Present Day Circumstances, Courts Can't Cast Child's Horoscope: Patna High CourtCase Title: X versus YLL Citation: 2025 LiveLaw (Pat) 25The Patna High Court rejected a father's plea for custody over his minor daughter, after noting that the girl who has been living with her maternal grandfathers since she was an infant, would feel more warmth, affection and sense of security in their company today as compared to living in her father's company. The court however made it clear that it has not observed that the father is unfit to be his minor daughter's legal guardian, who is now 10 years old. Spouse Having Schizophrenia Not Ground For Divorce Unless Disorder Of Such Degree That Partner Can't Be Expected To Live Together: Patna HCCase Title: Sanjay Kumar Shaw vs Smt. Anjali Kumari ShawLL Citation: 2025 LiveLaw (Pat) 26The Patna High Court has held that mere allegations of a mental disorder such as schizophrenia cannot justify a plea for divorce unless it is proved that the disorder is of such a kind and degree that the partner cannot reasonably be expected to live together. The Court emphasised that vague or unsubstantiated claims regarding mental illness or cruelty are insufficient to attract the grounds for divorce under Section 13(1)(ia), (ib), or (iii) of the Hindu Marriage Act, 1955.Patna High Court Directs Transfer Of Final-Year BDS Student To Govt College After Derecognition Of Private Institute Case Title: Anisha Raj vs The State of Bihar and orsLL Citation: 2025 LiveLaw (Pat) 27The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.Justice Anjani Kumar Sharan, presiding over the matter, ruled, “It is also an admitted fact that the petitioner is student of 4th year of the BDS course as such the equity is in favour of the petitioner and she is entitled to be transferred to another college.”BPSC TRE-1: Patna HC Sets Aside Direction To Declare Supplementary Result For Unfilled Posts, Notes Remaining Aspirants Not EligibleCase Title: The State of Bihar and ors vs Dhirendra Kumar and orsLL Citation: 2025 LiveLaw (Pat) 28Patna High Court has set aside a July 2024 direction of a Single Judge, asking Bihar Public Service Commission to declare supplementary result for unfilled vacancies of Primary School Teachers for the 2023 recruitment drive.The Division Bench comprising Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy found that the remaining candidates though secured the cut-off marks, did not meet the eligibility criteria fixed by the Commission. It observed,"There is no legal right to appointment but only of being considered, which is subject to bona fide action on the part of the State...It is not incumbent upon the employer to fill all posts but discretion not to appoint, must be exercised judiciously...we have taken into account the categorical statement of the Commission that no respondents/writ petitioners met the cut-off threshold of date of birth, though they had obtained marks equal to the selected candidates."UG/PG Higher Degrees But Appointment Criteria Can't Be Tinkered: Patna HC Upholds Bihar Pharmacists Cadre Rules Mandating Diploma In PharmacyCase Title: Sanjeev Kumar Mishra vs The State of BiharLL Citation: 2025 LiveLaw (Pat) 29The Patna High Court has upheld the constitutional and statutory validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (amended), making Diploma in Pharmacy (D. Pharma) from Institutions recognized by the Government along with a certificate, a compulsory requirement to be eligible for appointment as Pharmacist in State Health Department.Dismissing a series of writ petitions, the Court observed that while graduate and post-graduate degrees in Pharmacy are higher qualification but when the minimum qualification of Diploma in Pharmacy has been fixed in the cadre rules, it cannot be tinkered with only on the ground of it not being sound or wise. The court thus held that criteria was neither arbitrary nor beyond the scope of the Pharmacy Act, 1948 or the Pharmacy Practice Regulations, 2015.'No Legal Right Affected': Patna High Court Dismisses Plea Against Change In Site For...

Patna High Court Weekly Roundup: April 07 - April 13, 2025

Bhavya Singh

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