Rajasthan High Court Weekly Roundup: January 10 To January 16, 2022

Judgments/ Orders of the Week 1. Adarsh Credit Cooperative Society: Rajasthan High Court Orders Expeditious Disposal of Depositor's Claim Application Case Title: Chetan Choudhary v. Union of India and Ors. Case Citation: 2022 LiveLaw (Raj) 7 The Rajasthan High Court on Monday directed the Central government to expeditiously decide on the claim application filed by a depositor of the beleaguered Adarsh Credit Co-operative Society Ltd. It ordered that the said decision has to be taken preferably within a period of 90 days, strictly in accordance with the law. Justice Dinesh Mehta ordered, " The respondents are directed to take a decision on the application filed by the petitioner expeditiously, preferably within a period of ninety days from the date of receipt of copy of this order strictly in accordance with rules and guidelines governing the field." The Adarsh Credit Co-op Society allegedly floated several fake companies and siphoned off its depositors money, approximately Rs. 8,000 Crore. 2. Rajasthan High Court Orders NEET Authority to Allot College To A Pakistani Citizen, Despite Not Having Long Time Visa Case Title: Sandeep Kumar v. Union of India and Ors. Case Citation: 2022 LiveLaw (Raj) 8 The Rajasthan High Court has ordered the competent authority of NEET to allot an appropriate college to a citizen of Pakistan, in accordance with his merit, while ignoring the fact that he does not possess a Long Term Visa. Justice Dinesh Mehta, in his order, observed, " Petitioner appeared in the NEET (UG) Examination and has secured 80% marks, it is hereby ordered that the competent authority of the NEET shall allot appropriate college to the petitioner, of course, in accordance with his merit, however, ignoring the fact that the petitioner is not having Long Term Visa in his favour." The court further added that the petitioner shall thereafter be permitted to pursue his course, which shall be subject to final outcome of the writ petition. The petitioner, his parents and siblings are Pakistani Citizens and they came to India on October 29, 2011 through valid Passport under Long Term Visa (LTV). 3. Couples Can't Seek Protection As a Matter of Right, Must Muster The Audacity to Persuade Their Families: Rajasthan High Court Case Title: Shobha and Anr. v. State of Rajasthan and Ors Case Citation: 2022 LiveLaw (Raj) 9 The Rajasthan High Court has denied Police protection to a runaway couple, apprehending threat from their families. The court observed that there is no material or reason for it to conclude that the petitioners' life and liberty are at peril. Justice Dinesh Mehta further observed, " If the petitioners have decided to marry, they must muster the audacity and possess tenacity to face and to persuade the society and their family to accept the step they have taken." In the instant case, it noted that there is not even an iota of evidence to evince that the respondents (relatives of the petitioner No.1) are likely to cause physical or mental assault to the petitioners. 4. Ingredients to Constitute Unlawfully Assembly Lacking, Altercation Has All Trappings of a "Free Fight": Rajasthan High Court Modifies Trial Court Order Case Title: Madhuram and Ors v. State of Rajasthan, with connected matter Case Citation: 2022 LiveLaw (Raj) 10 The Rajasthan High Court has quashed and set aside conviction of five accused persons for allegedly forming an unlawful assembly and causing injuries/ murder, observing that the incident was nothing but a "free fight. The Division Bench comprising Justices Rameshwar Vyas and Sandeep Mehta observed, " We have no hesitation in holding that the ingredients required to constitute an unlawful assembly are totally lacking in this case and hence, the implication of accused persons by virtue of Section 149 IPC is unwarranted and unsustainable". Taking note of the facts of the case and the circumstances that led to an altercation between the complainants and the accused, it added, " the incident has all trappings of a free-fight between the two parties without there being any motive for the accused to launch an assault with the intention to commit murder of any person from the complainant party." 5. Employer's Failure to Deposit Contributions Doesn't Disentitle Insured Person's Ward From Availing ESI Quota: Rajasthan HC Grants Relief to NEET Candidate Case Title: Kunal Sharma and Anr. v. Union of India and Ors. Case Citation: 2022 LiveLaw (Raj) 11The Rajasthan High Court, Jaipur Bench has allowed a NEET Candidate to avail the benefit of ESIC quota (ward of insured person quota) in the counselling process for admissions in MBBS/BDS Course. Notwithstanding the fact that the requisite contributions to the Employees' State Insurance Corporation were not paid by the...

Rajasthan High Court Weekly Roundup: January 10 To January 16, 2022

ANIRUDH VIJAY

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