NEET | Merit Exclusive Criteria To Allocate College, Technical Formalities Can't Frustrate Fundamental Rights Of Meritorious Candidates: Rajasthan HC

Rajasthan High Court directed the Centre and the National Testing Agency (“NTA”) to consider the candidature of petitioners for allocation of collages based on their merits in NEET UG 2024 (“NEET”) which was rejected by the Centre on the grounds that the petitioners were not able to submit certain affidavit/ certificates in the prescribed format on time.The bench of Justice Sameer...

Rajasthan HC Permits Woman Booked In Criminal Case To Return Abroad For Studies, Prevent Revocation Of Her Daughter's Foreign Citizenship

Rajasthan High Court allowed the petition filed by a women accused in a Cheating case, seeking permission to get back her passport and return to Canada to finish her studies and also prevent the revocation of her daughter's Canadian citizenship for staying in another nation for more than 180 days.The bench of Justice Farjand Ali was hearing the petition against the order of the...

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them.The court passed the order in two appeals filed by...

First Firearm 'Difficult To Carry Due To Big Size' Not Ground To Seek License For Another Weapon: Rajasthan High Court

The Rajasthan High Court has refused to interfere with competent authority's order rejecting a man's application for a second gun license which was sought on the ground that the first licensed gun that he possessed, a 12 bore gun, was too heavy for him to carry.The bench of Justice Anoop Kumar Dhand observed that the right to bear arms was completely different in India as compared to this...

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. In doing so the court also observed that the police after...

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India.The bench of Justice Anoop Kumar Dhand opined that such a...

'Nerve Shocking': Rajasthan HC Takes Suo Motu Cognizance Of Deteriorating Health Services In State, Says Hospitals Can't Play With Lives

The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of public health care system including gross negligence on part of hospitals in the State and has called upon the Union as well as State Ministry to submit a report on effective steps being taken for improving the present health care system.The bench of Justice Anoop Kumar Dhand opined that even...

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns (“ITR”), the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself.The bench of Justice Nupur Bhati was hearing an appeal against...

No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car

Rajasthan High Court recently granted bail to a woman charged under the NDPS Act after she was found sitting with the primary accused in the car from which 77 Kg of contraband was recovered.The bench the of Justice Farjand Ali took into account the plea of the petitioner that she was not having exclusive and conscious possession of the contraband, and was merely accompanying the primary...

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court

Rajasthan High Court has reiterated that Section 148 of the Negotiable Instruments Act should not be imposed in a situation where the condition of depositing 20% of the fine would amount to deprivation of the right of appeal of a person convicted under Section 138.Section 148, NI Act, provides that in an appeal by a convict of cheque dishonour, the Appellate court may order the appellant...

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480(6) BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years.Section 480(6) BNSS provides that in a case triable by a Magistrate, if the trial of the...