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Rajasthan High Court Monthly Digest: February 2022 [Citations: 44 - 81]
ANIRUDH VIJAY
1 March 2022 11:05 AM GMT
![Rajasthan High Court Monthly Digest: February 2022 [Citations: 44 - 81]](https://www.livelaw.in/h-upload/2022/02/01/750x450_408686-rajasthan-high-court-monthly-digest.jpg "Rajasthan High Court Monthly Digest: February 2022 [Citations: 44 - 81]")
The digest contains all the important judgments and orders pertaining to Rajasthan for the month of February 2022, covered by LiveLaw. Judgments/ Orders 1. Workmen's Compensation Commissioner Last Authority For Deciding Claim On 'Facts'; Appeal Lies Only On 'Substantial Question Of Law': Rajasthan HC Case Title: Reliance General Insurance Company Ltd., Kota v. Shyam...
The digest contains all the important judgments and orders pertaining to Rajasthan for the month of February 2022, covered by LiveLaw.
Judgments/ Orders
Case Title: Reliance General Insurance Company Ltd., Kota v. Shyam @ Jagdish S/o Gopal Lal
Citation: 2022 LiveLaw (Raj) 44
The Rajasthan High Court has held that under the scheme of the Workmen Compensation Act, 1923, the Compensation Commissioner is the last authority to decide any claim on facts. No appeal lies against its order unless a substantial question of law is involved.
Justice Anoop Kumar Dhand therefore dismissed an appeal filed by the Insurance Company challenging the order of Commissioner Workmen's Compensation, Bundi, for not qualifying any substantial question of law under.
It observed, " Since the appeal is not qualifying to have a substantial question of law, which is mandatory under Section 30 of the Workmen's Compensation Act, 1923. Therefore, no interference is called for in this appeal and the same is dismissed."
Case Title: M/s. Shera Ram Choudhary v. State of Rajasthan, with connected matters
Citation: 2022 LiveLaw (Raj) 45
The Rajasthan High Court has set aside e-auction notices issued by the Water Department which demanded additional performance security for unbalanced bids, as arbitrary and illegal.
The court directed the respondents-state to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security.
Justice Dinesh Mehta, ruled,
"A look at the provision given in Rule 75 of the Rules of 2013 shows that it provides for performance security only and does not envisage any other security in the name of additional performance security or otherwise. According to this Court, all the terms and conditions of a bid document are supposed to conform to the statutory provisions...The letter of the respondents and corresponding condition in the e-bid document requiring the petitioners to furnish additional performance security are hereby quashed."
Case Title: Dr. Naveen Jakhar v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 46
The Rajasthan High Court has observed that that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken on the administrative side and fixing of a cut-off date, will be out of purview of a writ Court until the same is either fixed by keeping in mind the whimsical considerations or fixed in a mala fide manner
Justice Ashok Kumar Gaur ruled, "This Court finds that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken on the administrative side and fixing of a cut-off date, will be out of purview of a writ Court until the same is either fixed by keeping in mind the whimsical considerations or fixed in a malafide manner."
The court observed that State Government has found that rendering of service in remote, difficult and rural areas entitles a person to certain incentive/bonus marks, then the decision of the State Government, in its wisdom and as a matter of policy, to confer such benefit upto a particular date cannot be termed as whimsical or malafide.
Case Title: Sunita Rani v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 47
The Rajasthan High Court reiterated that females outside the State on migrating to Rajasthan post marriage may not be entitled to the benefit of reservation in public employment in the State, on account of being a member of a SC or ST or OBC in another State.
However, they can avail of other benefits as being an member of a reserved category, if the scheme envisages domicile or residence as entitlement.
The observation was made in a writ petition filed by one Sunita Rani, being aggrieved with the action of the respondents- Sub Divisional Magistrate and Tehsildar of Hanumangarh for not accepting her application for issuance of a caste certificate in her favour declaring that she is a member of Scheduled Caste (SC).
Justice Dinesh Mehta ruled, "So it is clear that the petitioner is not entitled for reservation in public employment in the State of Rajasthan being the resident of State of Punjab, however, she can get the other benefits as being an SC on the strength of the certificate if the scheme envisages domicile or residence as entitlement."
Case Title: Madhav Singh Mehru and Ors. v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 48
The Rajasthan High Court has held that the question of what should be the educational qualification and experience requirement for appointment to a public post are the matters to be decided by the Government authorities and as an employer, the State administration is best suited to frame its rules to fulfil the requirements of a post in question.
The division bench of Chief Justice Akil Kureshi and Justice Madan Gopal Vyas observed, "Essentially, what should be the education qualification and experience requirement for appointment to a public post are the matters to be decided by the Government authorities. As an employer, the State administration is best suited to frame its rules to fulfil the requirements of a post in question."
Case Title: Kana Ram v. State of Rajasthan and Ors., and connected matters
Citation: 2022 LiveLaw (Raj) 49
The Rajasthan High Court has asked the State administration to set up a high powered committee, who would on a permanent basis monitor the infrastructural and other related issues concerning Government Sanskrit schools in the state.
The Bench of Chief Justice Akil Qureshi and Justice Madan Gopal Vyas observed that though the issues raised by the petitioners are genuine and valid, however, in public interest jurisdiction it is impossible for it to engage itself into micro management.
" The duty of the Court is to catalyse the government mechanism to take appropriate steps. It is simply not possible for the Court to minutely monitor every single aspect of public administration. The Government has the mechanism, wherewithal as also duty and responsibility to carry out such functions. Every failure of administration does not necessarily have cure only in law to be enforced by the Court," it observed.
Case Title: Surendra Jain v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 50
The Rajasthan High Court on Wednesday made significant observations on the Covid-19 situation in the state. It observed that like many other states in the country, Rajasthan is fire-fighting against the third rise, but by all accounts, the situation is not out of control.
Hoping for a downward trend in cases, the division bench of Chief Justice Akil Kureshi and Justice Madan Gopal Vyas closed a PIL concerning Covid-19 management in the state.
The PIL was filed by one Surendra Jain last year, seeking directions to the State authorities to ensure sufficient and equitable distribution of life saving drugs and medical equipments such as Remdesivir, Oxygen cylinders etc. He also sought directions for appropriate treatment and management at Covid hospitals.
Case Title: Rituraj Singh Rathore v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 51
The division bench of Rajasthan High Court refused to give directions in a plea seeking protection & maintenance of wildlife to control man-animal conflict & rescue and animals in distress in kumbhalgarh & todgarh wildlife sanctuaries.
Through this petition, the petitioner has taken up the cause of proper protection and maintenance of wildlife in and around Kumbhalgarh and Todgarh wildlife sanctuaries.
In particular, according to the petitioner for want of sufficient staff and equipments, the forest department has found it extremely difficult to control the situations of man-animal conflicts as well as to take prompt action for rescue of wild animals in distress.
Case Title: Tanay Jain v. Union of India and Ors.
Citation: 2022 LiveLaw (Raj) 52
A division bench of Rajasthan High Court, Jaipur observed that Black Fungus infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic.
Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, while refusing to give any direction on the plea, observed:
"An issue of providing compensation for victims Black-Fungus infective virus has also been raised. On this count we do not think that we have to pass any order at this stage because such kind of infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic."
In this matter, a public interest litigation has been filed by one Tanay Jain seeking issuance of directions for payment of ex-gratia compensation to those who lost their family members due to Covid-19 pandemic.
Case Title: Nirmal Kumar Pitaliya v. State Of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 53
The Rajasthan High Court dismissed a plea filed by the Chairman of Municipal Board Badi Sadri challenging his suspension by the state government.
Justice Dinesh Mehta, observed,
"The allegation against the petitioner is acceptance of bribe, in discharge of his official duties, through his brother-in-law for clearing the bills of the complainant. The order of suspension states that if the petitioner is not suspended there is likelihood of him influencing the inquiry and the evidence. The said reason spelt out in the order of suspension is not only indicative of application of mind but also fulfils the requirement of recording reasons. According to this Court, the reason given thereunder is sufficient to justify the suspension of the petitioner."
Essentially, on a complaint, the police apprehended Kush Sharma, brother in-law of the petitioner while accepting a sum of Rs.2 lacs allegedly as a bribe on behalf of the petitioner. An FIR was lodged on 26.05.2021 and both of them were implicated. The state government, on information sent by Anti Corruption Deptt, placed the petitioner under suspension vide order dated 05.07.2021. Aggrieved by the suspension order, the petitioner filed the present writ petition on 09.12.2021. It is alleged that petitioner has not been served with any notice from the State Government in relation to any preliminary inquiry.
Case Title: Rudresh Jhunjhunwala and Ors. v. Satish Kumar and Ors.
Citation: 2022 LiveLaw (Raj) 54
The Rajasthan High Court, Jaipur observed that the appellate court cannot interfere when the trial court has exercised its discretionary and equitable jurisdiction to grant the temporary injunction in favour of plaintiff and against defendants.
Justice Sudesh Bansal, while disposing of the plea, observed,
"This Court is of considered view that this is not a fit case where the appellate court should exercise its power to interfere with the order of temporary injunction passed by the trial court. Thus, no interference is called for with the impugned order and accordingly the appeal is hereby dismissed."
Case Title: New India Assurance Company Ltd., through Regional Manager v. Smt. Kanchan Devi
Citation: 2022 LiveLaw (Raj) 55
Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck.
Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note of the fact that the driver of the truck had died two days before the accident and the claimants' car had dashed into the truck which was in the seizure of the police and was parked in soiled portion of the road leaving the pitch road completely free for movement.
The bench thus ordered, "Accordingly, the impugned judgment is set aside to the extent that the Tribunal has fixed the liability to pay compensation on respondent Nos.2 and 3 i.e. owner and insurer of the truck. In fact, the liability was against the owner and insurer of car during use whereof the accident took place...Accordingly, the same is set aside and it is ordered that the entire liability to pay compensation goes against the owner and insurer of the car. Since the car was insured with respondent No.12 it is liable to pay entire compensation payable to the claimants...It has been informed that the appellant (truck insurer) has already paid Rs.5,10,500/- to the claimant. Therefore, the appellant would be entitled to be reimbursed by respondent No.12."
Case Title: Rajasthan High Court Bar Association Versus State Of Rajasthan & Ors.
Citation: 2022 LiveLaw (Raj) 56
The Rajasthan High Court restrained state from issuance of registration certificate to Rajasthan High Court Senior Lawyers Association, Jaipur till further orders. The plea was filed by Rajasthan High Court Bar Association, Jaipur through its General Secretary Adv. Girraj Prasad Sharma.
Justice Mahendra Kumar Goyal, ruled, "Taking into consideration the contentions advanced by learned Senior Counsel and the material on record, the respondents No.1 & 2 are restrained from issuing registration certificate in favour of the respondent No.3 & 4, till further orders."
The court issued notice in this plea challenging the registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' in the name of society as it being violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950.
Case Title: Bhanwar Singh v. State of Rajasthan and Ors., with connected matters
Citation: 2022 LiveLaw (Raj) 57
The Rajasthan High Court has held that the government has authority in terms of Section 90B of the Land Revenue Act, 1956 as it stood at the relevant time and Section 90-A as it stands today to regularise unauthorised conversions of agricultural lands.
The division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "Insofar as the Government's desire to regularise the existing land uses, the same falls into broad categories, (a) where agricultural land is put to non-agricultural use without permission and (b) where such lands as aforesaid or other lands of nonagricultural character which have been put to uses other than land use specified in the development plans. So far as clause (a) category of uses are concerned, per se we find no illegality in the approach of the Government. The Government has the authority in terms of Section 90B of the Act of 1956 as it stood at the relevant time and Section 90-A as it stands today to regularise such unauthorised land conversions."
Case Title: Asharam @ Ashumal v. State
Citation: 2022 LiveLaw (Raj) 58
The Rajasthan High Court recently issued an order to summon Additional Commissioner of Police, Jaipur, Rajasthan, Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.
The Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani issued the order while allowing an application filed by Asaram under Section 391 CrPC [Appellate Court's power to take further evidence or direct it to be taken] to summon Senior IPS Officer Lamba as a court witness and to record his evidence, based on certain excerpts of the book co-authored by Lamba.
Case Title: Air Tree Foundation Society v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 59
The division bench of Rajasthan High Court observed that mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest.
This petition was filed with a prayer for direction to the respondents-state that all the borewells in the State should be covered so that through accident there is no casualty of human beings or animals.
The plea was filed by Air Tree Foundation Society, through its Secretary, Shri Manish Sharma.
Chief Justice Akil Kureshi and Justice Sudesh Bansal, while disposing the petition, observed,
"Mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest."
Case Title: Balaji Nagar Vikas Samiti, Through Its President Heera Lal Kulariya v. Jodhpur Development Authority
Citation: 2022 LiveLaw (Raj) 60
A division bench of Rajasthan High Court observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court while exercising its extraordinary writ jurisdiction. The court opined that the issues require a decision of civil court.
Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed,
"In this view of the matter, manifestly, the disputed question of fact regarding title of the plot in question cannot be gone into by this Court while exercising its extraordinary writ jurisdiction. The issues definitely require decision of the civil court. Hence, the civil court is required to expedite the proceedings in the pending TI application."
Case Title: Ganga Kumari v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 61
The Rajasthan High Court has directed the state government to take steps to treat the transgender community as socially and educationally backward class of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.
The division bench of Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas has granted four months' time to complete this exercise.
The development ensued in a writ petition filed by one Ganga Kumari, seeking effective reservation to the transgenders in terms of the mandate of the Supreme Court in the case of National Legal Services Authority Vs. Union of India & Ors.
Case Title: Arvind Sharma v. North-West Railway and Ors.
Citation: 2022 LiveLaw (Raj) 62
The Rajasthan High Court has dismissed a public interest litigation opposing the decision of the railway authorities to close down the railway senior secondary school at Abu Road, which was operating since the year 1862.
Noting that the school has been running in losses due to dwindling number of students, the division bench of Chief Justice Akil Kuresh and Justice Sudesh Bansal observed,
" It is rather unfortunate that the school which has been in existence since over a century, may have to be closed down. It does disturb us that in an area where educational facilities have still not fully developed to the desired extent, one public school is under closure. However such sentimental issues cannot govern our judicial discretion. The railway authority which has to run the school is in best position to decide its future. Unless the decision is shown to be malafide or opposed to any of the legal principles, the Court would not substitute its wisdom or desire for that of the authority. With a heavy heart we dismiss this petition."
The Court however made it clear that the decision to close the school shall not be implemented till the end of the current academic term.
Case Title: Lakhpat Ola v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 63
The Rajasthan High Court, Jaipur has observed that in a public interest litigation, the petitioner is not absolved of producing at least a basic proof of the allegations levelled by him.
A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed,
"Even otherwise we find the petition with long pleadings are long in averments but short in contents. The allegations made in the petition would require supporting evidence. Even in a public interest petition the petitioner is not absolved of producing at least a basic proof of his allegations."
The present public interest litigation was filed by one Lakhpat Ola, alleging that certain officials of the Government have embezzled public funds by committing irregularities in public works contracts.
Case Title: Assistant Commissioner, Commercial Taxes, Circle-A, Bharatpur Rajasthan v. M/s C.P. Agro Industries Roopwas, Bharatpur, Rajasthan
Citation: 2022 LiveLaw (Raj) 64
The Rajasthan High Court, Jaipur has observed that provisions of Rajasthan Value Added Tax Act, 2003 have been enacted to provide remedy for loss of revenue and not to punish the offender for committing economic offence and, therefore, mens rea is not an essential ingredient for contravention of such provision.
The court added that breach would attract levy of penalty whenever the goods in movement have travelled with an incomplete form.
A division bench of Justice Pankaj Bhandari and Justice Anoop Kumar Dhand, while placing reliance in Guljag Industries v. Commercial Taxes Officer [2007 (7) SCC 269] observed,
"Even the Hon'ble Apex Court has held that provisions have been enacted to provide remedy for loss of revenue and it is not enacted to punish the offender for committing economic offence and, therefore, mens rea is not an essential ingredient for contravention of such provision. The breach would attract levy of penalty whenever the goods in movement have travelled with an incomplete form."
Case Title: No. 970250021 Sep/driver Ramraj Meena v. Union of India
Citation: 2022 LiveLaw (Raj) 65
The Rajasthan High Court, Jaipur Bench has refused to interfere in the disciplinary authority's decision, which dismissed CRPF Constable-petitioner from service as he did not report for duty on completion of leave period.
A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed,
"In our view the petitioner has not made out any case for interference. We may recall, the petitioner was engaged as constable of CRPF which is a disciplined force. He remained unauthorisedly absent without sanctioned leave or communication to the department for about one year. This was a clear case of misconduct."
Case Title: Vijay Narayan Sharma & Anr. v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 66
The Rajasthan High Court, Jaipur observed that no interference is permissible in exercise of powers of judicial review for matters pertaining to construction of public utility building, unless it is demonstrated that there is a flagrant violation of any provision of law/rules in the action of authorities or it suffer from mala fides.
A division bench of Justice Pankaj Bhandari and Justice Anoop Kumar Dhand ruled,
"It is the settled law that the matter regarding construction of a building of public utility is the domain of the Government and its functionaries and until and unless it is demonstrated that there is a flagrant violation of any provision of law/rules in the action of authorities or it suffer from mala fides, no interference is permissible in such administrative matters while exercising powers of Judicial Review under Article 226 of the Constitution of India."
The present writ petition was filed seeking directions to the respondent state to immediately stop or cancel the proposal/work of creating a new Gram Panchayat Building on land of Khasra No.3418/1. Alternatively, petitioners sought directions to the respondents to develop the existing Gram Panchayat Building by incorporating a closed school's land and that sanctioned budget of Rs.25.00 lacs be transferred for said purpose immediately. Petitioners alleged that the new
Case Title: Hari Singh Meena v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 67
The Rajasthan High Court dismissed a plea seeking direction to the state government to treat the experience gained by the petitioner in Gujarat as eligible for award of bonus marks under the Rajasthan Ayurvedic Rules, for recruitment to the post of Compounder / Nurse Junior Grade.
In furtherance, the court opined that the intention of the State is to confine the benefit of award of bonus marks to those employed in the enumerated schemes within the State of Rajasthan and not others.
Essentially, the petitioner, who is working with the Regional Ayurveda Research Institute, Ahmedabad (Gujarat), based on his experience certificate dated 1.7.2021, applied for the post and sought bonus marks for the experience as depicted in the experience certificate.
Case Title: The Oriental Insurance Company Ltd. v. Manhbar Devi
Citation: 2022 LiveLaw (Raj) 68
The Rajasthan High Court observed that any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Employee's Compensation Act, 1923 unless such erroneous findings do not give rise to substantial question of law.
Justice Sudesh Bansal, observed, "It is settled law that unless the findings of fact recorded by the Commissioner, are not shown to be perverse, the same are not required to be interfered with in the appeal. Any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Act of 1923 unless such erroneous findings do not give rise to substantial question of law."
26. Rajasthan High Court Refuses To Accept Claim For Compassionate Appointment Citing Delay Of 17 Years
Case Title: Smt. Parwati Devi W/O Late Shri Mool Singh Vs. Director (G) and Nodal Officer (PG)
Citation: 2022 LiveLaw (Raj) 69
The division bench of Rajasthan High Court observed refused to accept petitioner's claim for compassionate appointment after a great lapse of 17 years.
Justice Anoop Kumar Dhand and Justice Manindra Mohan Shrivastava, ruled, "We are of the considered opinion that the contentions put forward by the counsel for the petitioners, do not carry any merit, as the subsequent representations were made after a decade. Thus, this Court is not able to accept the claim of the petitioners for compassionate appointment after a great lapse of 17 years. Thus, the impugned order dated 19.08.2021 passed by the Tribunal warrants no interference by this Court."
Case Title: Satya Narayan & Ors. v. The H.D.F.C. Irgo General Insurance Company Limited & Ors.
Citation: 2022 LiveLaw (Raj) 70
The question whether interest on compensation for motor accident claims exigible to tax and resultantly, is insurance company required to deduct tax at source while making such payment to the claimants has been referred to the larger bench by the division bench of Rajasthan High Court.
Chief Justice Akil Kureshi and Justice Uma Shanker Vyas, ordered,
"Under the circumstances reference may be made to the Larger Bench on following question:- 'Whether the interest payable on motor accident claim compensation is exigible to tax and resultantly is the insurance company required to deduct tax at source while making such payment to the claimants?"
The court observed, "In view of this position and also considering the importance of the issue as also the fact that the issue is a recurring one arising in large number of motor accident claim cases, it is desirable that there is an authoritative pronouncement on this question by Larger Bench."
Case Title: Soniya Burdak v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 71
The Rajasthan High Court has ruled that no person has a vested right to be posted at a particular place. The court further observed that accepting a request for inter-district transfer of a recruit can lead to chain reaction and at times considerable administrative difficulties.
Chief Justice Akil Kureshi and Justice Madan Gopal Vyas, ordered,
"The question of appointment or absorption in particular district, division or zone at the time of recruitment is essentially for the convenience of the selected candidate but this always is subject to administrative exigencies. No person has a vested right to be posted at a particular place. The selections and recruitments must attain finality."
The development ensued in a writ appeal filed by a PTI Grade-III recruit, seeking posting at Alwar instead of Jhunjhunu.
Case Title: M/S Fairdeal Shipping Agency Pvt Ltd. v.. The Joint Commissioner of Customs (Preventive)
Citation: 2022 LiveLaw (Raj) 72
The Rajasthan High Court has held that officers of Directorate of Revenue Intelligence (DRI) are not a competent authority to issue show cause notice and adjudicate the same as "proper officer" under Section 28 and 124 the Customs Act, 1962.
A division bench of Chief Justice Akil Kureshi and Justice Sameer Jain, rued,
"DRI officer is not Competent Authority to issue show cause notice and adjudicate the same as "proper officer". The Act, the notification relied upon do not define and bring the DRI officers within four corners of "proper officers" having functions and powers to act under Section 28 of the Act of 1962 "
The court observed that the entire proceedings in the present case, initiated by officers of DRI in as much as by issuance of show cause notice under Section 28/124 of the Customs Act lacks jurisdiction and are without any authority of law because the present show cause notice is not issued by custom officer but by DRI officer who has not been assigned specific function/power under Section 6 to issue show cause notice U/S 28 of the Act of 1962.
Case Title: Ankit Sharma & Ors. v. Rajasthan Public Service Commission
Citation: 2022 LiveLaw (Raj) 73
In a significant development, the Rajasthan High Court, Jaipur has quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC).
The court directed RPSC to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly.
The preliminary examination was conducted on 27.10.2021 and the final answer key was issued on 22.11.2021.
Justice Mahendra Kumar Goyal, observed,
"The upshot of the aforesaid discussion is that the writ petitions are partly allowed in the above mentioned terms. The final answer key dated 22.11.2021 is quashed to the extent as stated hereinabove. Resultantly, the result dated 19.11.2021 stands quashed. The RPSC is directed to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly."
Case Title: Tasleem Ahmed Khan v. Union of India
Citation: 2022 LiveLaw (Raj) 74
The Rajasthan High Court, Jaipur Bench, has refused to grant interim stay in a plea seeking complete ban on exhibition of KGF-2 movie and its Teaser.
The movie is set to release on 14th April 2022.
The development ensued in an appeal filed by one Tasleem Ahmed Khan against an order dated 31.01.2021 passed by the Single Judge, whereby while issuing notice in the writ petition against the movie, interim stay was refused.
The appellant is primarily aggrieved by certain scenes showing the actors smoking cigarettes. It is contended that the same is not permissible as per the rules and regulations framed by the Government of India.
Case Title: Rajkamal Basitha v. Rajasthan High Court, Jodhpur and connected matters
Citation: 2022 LiveLaw (Raj) 75
The Rajasthan High Court, Jaipur dismissed a batch of writ petitions challenging the District Judge Recruitment process.
In this matter, all the petitioners herein failed to make a mark in the preliminary examination. They were not shortlisted and did not qualify for the main examination.
Chief Justice Akil Kureshi and Justice Sudesh Bansal, ruled,
"All in all we find that the exercise undertaken by the specially constituted committee which culminated into a well-reasoned report touching threadbare on each and every disputed question, and which report was accepted by the examination committee, calls for no interference."
Case Title: Rajasthan Public Service Commission v. Ankit Sharma & Ors.
Citation: 2022 LiveLaw (Raj) 76
The division bench of Rajasthan High Court stayed the single judge bench order which quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC).
The court ordered that it would be open for RPSC to conduct the written main examination on the rescheduled date.
The court refused to go into the questions threadbare and observed that it has prima facie belief that the learned Judge had exceeded the scope of writ jurisdiction in the present case. The court observed that no legal or factual malafides were demonstrated nor procedural illegality was established and in some cases there still exists a grey area, which inturn is not sufficient to overturn an expert's body's decision.
Case Title: Rakesh Garg Versus Principal Commissioner Of Income Tax, Ajmer
Citation: 2022 LiveLaw (Raj) 77
A Bench of Rajasthan High Court, consisting of Chief Justice Akil Kureshi and Justice Sudesh Bansal, held that since the primary intention of the Vivad Se Vishwas Act, 2020 was the resolution of disputed taxes, the courts must adopt an interpretation that furthers this intention and not restrict its scope. Also, the court ruled that a clarification issued by the Central Board of Direct Taxes (CBDT), being declaratory in nature, cannot introduce a cut off date for its applicability.
Proceedings for penalty under the Act were initiated against the Assessee for failing to file an audit report under Section 44AB of the Income Tax Act, 1961. Against the order of the Assessing Officer imposing penalty on the Assessee, an appeal to the Commissioner of Income Tax (Appeals) (CIT (A)) was filed which was dismissed by it. The Assessee thereby filed an appeal before the Income Tax Appellate Tribunal (ITAT) along with an application for condonation of delay.In the meantime, the Direct Tax Vivad Se Vishwas Act, 2020 was passed by the Parliament, with effect from 17th March, 2020, for resolution of disputed tax.
Case Title: Radhakrishan Meena v. State Of Rajasthan, Through P.P
Citation: 2022 LiveLaw (Raj) 78
In a case pertaining to rape on account of false promise to marriage, the Rajasthan High Court, Jaipur observed that married educated women, depending upon the facts of each case, is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage.
The court opined that the consent of a woman under Section 375 of IPC can be held vitiated only on the ground of misconception of fact where such misconception was the basis of her surrender for establishing physical relationship. The court further opined that a breach of promise cannot be said to be a false promise. To establish a false promise, the maker of the promise should have had no intention of upholding his words at the time of giving it, added the court.
Justice Farjand Ali, observed,
"When a woman is married and educated, then, depending on facts of each case, she is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage. In the event of a consent obtained by fraud, inducement is a necessary ingredient. There must be some material on record to hold prima facie that the girl was induced by the accused to such an extent that she was in agreement to have sexual intercourse with him"
Case Title: Union Of India & Anr. v. Harendra Gawaria
Citation: 2022 LiveLaw (Raj) 79
Recently, the division bench of Rajasthan High Court, Jaipur dealt with the question of whether the candidature of the respondent can be rejected by the Department of Railways on the ground of human error/bonafide mistake alone, because the date of the Postal Order was wrongly mentioned by him in the application, despite the fact that Postal Order was issued within the period of limitation.
In the present matter, the North Western Railway (NWR) Recruitment Cell issued an advertisement on 16.12.2010 by which the applications for recruitment on several posts of Group 'D'. were invited. The respondent submitted an application under the category of Other Backward Class. He qualified in the written examination, appeared in the physical eligibility test and qualified the medical test. Finally, the respondent was found fit, but subsequently, his candidature was rejected on 29.07.2013 by NWR for the reason that the Postal Order submitted by him was not within limitation.
Case Title: Suresh v. State Of Rajasthan, Through Pp
Citation: 2022 LiveLaw (Raj) 80
In a significant ruling, the Rajasthan High Court, Jaipur has issued guidelines for Test Identification Parade (TIP) in POCSO Cases.
The court ruled that special Judges of POCSO Act cases and all the District & Sessions Judges of the State shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are conducting the trial of POCSO Cases
Justice Farjand Ali, while issuing the guidelines for TIP, rejected the bail application of the accused and ordered,
"This order shall be conveyed by the Registry of this Court to all learned special Judges of POCSO Act cases and all the District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are conducting the trial of POCSO Cases."
Case Title: Akhil Bhartiya Vidyarthi Parishad (ABVP) v. The State Of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 81
The Rajasthan High Court has ordered to keep under its supervisory control the ongoing investigation by State's Special Operation Group (SOG) in the REET-2021 examination paper leak case.
A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed,
"Investigation must not be fair but must also appear to be fully fair and free from any pulls or pressures. As of now, we do not see any reason to disturb the ongoing investigation in the hands of SOG. However we would keep the supervisory control of this ongoing investigation. This would enable us to observe closely the further progress of investigation and consider the option of forming a special investigating team if at any stage we find that the investigation is not progressing satisfactorily."
The development ensued in a public interest litigation filed by Akhil Bhartiya Vidyarthi Parishad (ABVP) for transferring the investigation of the matter to CBI.
Other Important Updates from Rajasthan
Case Title: Vichitr & Anr v. Registrar Examination, Rajasthan High Court, Jaipur
The division bench of Rajasthan High Court, Jaipur issued notice in a writ petition challenging the answer key of Civil Judge Cadre of Rajasthan Judicial Services (Preliminary Examination), which was conducted on 28.11.2021 and the final result for the same was declared on 11.01.2022.
Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, ruled,
"Issue notice of writ petitions as well as stay applications to respondents by registered post as well as usual mode on payment of PF and notices on or before 31.01.2022. Notices are made returnable within two weeks. List these matters on 16.02.2022 for further orders on reply, admission as well as on stay. A copy of this order shall go along with the notices. A copy of this order be also placed on records of all the petitions."
The petitioner alleged that she was awarded 50 marks, yet she has not been selected for main examination by subjecting her to discrimination. She alleged that for the first time different criteria of cut off marks has been provided for various categories/subcategories and though reduced cut off marks have been provided to General Widow as 45, no such reduced cut off marks have been provided for Scheduled Tribe Widow
Case Title: Rajasthan High Court Bar Association Versus State Of Rajasthan & Ors.
The Rajasthan High Court restrains state from issuance of registration certificate to Rajasthan High Court Senior Lawyers Association, Jaipur till further orders.
The plea was filed by Rajasthan High Court Bar Association, Jaipur through its General Secretary Adv. Girraj Prasad Sharma.
Justice Mahendra Kumar Goyal, ruled ,
"Taking into consideration the contentions advanced by learned Senior Counsel and the material on record, the respondents No.1 & 2 are restrained from issuing registration certificate in favour of the respondent No.3 & 4, till further orders."
The court issued notice in this plea challenging the registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' in the name of society as it being violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950.
Case Title: Madhu Kumari Nagar and Ors. v. The State Of Rajasthan and Ors.
A public interest litigation has been filed before the Rajasthan High Court, Jaipur seeking to cancel the Rajasthan Eligibility Examination for Teacher 2021 (REET-2021) and to investigate the paper leak by the Central Investigation Agency.
The REET examination was conducted on 26.09.2021. In the present matter, the bench has listed the matter on 28.02.2022.
Justice Mahendar Kumar Goyal, ordered, "The applications (1/2022) shall be considered at the time of admission/hearing of the writ petitions. List these matters for admission on 28.02.2022 as prayed."
Case Title: Raahat The Safe Community Foundation v. Ministry Of Road Transport And Highways
The division bench of Rajasthan High Court issued notice in a public interest litigation seeking to restrain unregulated Vehicle Fitness Centers from issuing certificates.
While referring to the unregulated Vehicle Fitness Centers which alleged to have indiscriminately granted fitness certificates to unfit vehicles, the plea states,
"These Vehicle Fitness Centers running in the State of Rajasthan must be restrained from issuing Fitness Certificates as the same amounts to having cascading effect and consequence upon the safety, life and liberty of the public at large in the state of Rajasthan."
Case Title: Vishnu Oil Mill Private Ltd. v. Union of India
The Rajasthan High Court has issued notice on a writ petition seeking to declare Section 7 of Insolvency Bankruptcy Code, 2016 as unconstitutional to the extent it facilitates a joint application by multiple financial creditors, to prove the minimum default of one crore rupees.
A division bench of Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, ordered,
"Issue notice to respondents. Learned counsel appearing for Union of India Mr. Mukesh Rajpurohit, Additional Solicitor General takes notice and is granted three weeks' time to file reply. Let notices be issued to respondent Nos. 4 to 7, returnable within three weeks."
