Kerala High Court Weekly Round Up: July 25 To July 30, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 375 - 390]NTPC v. Aishwarya Mohan, 2022 LiveLaw (Ker) 375Nimal James & Ors v. State of Kerala & Ors, 2022 LiveLaw (Ker) 376R. Karthik v. State of Kerala & Ors, 2022 LiveLaw (Ker) 377KSRTC & Ors. v. K. Venu Kumar, 2022 LiveLaw (Ker) 378XXXX v. State of Kerala and others, 2022 LiveLaw (Ker) 379MES Dental College v. Shahana P.S & Ors, 2022 LiveLaw (Ker) 380Gulam Rasul v. State of Kerala & Ors, 2022 LiveLaw (Ker) 381Sooraj V. Sukumar v. State of Kerala & Ors, 2022 LiveLaw (Ker) 382XXX v. State of Kerala, 2022 LiveLaw (Ker) 383Shan S & Anr. v. Marriage Officer, 2022 LiveLaw (Ker) 384Smitha M.G v. State of Kerala and Ors, 2022 LiveLaw (Ker) 385Muhammed Rafi v. Satheesh Kumar M.V, 2022 LiveLaw (Ker) 386XXX v. State of Kerala, 2022 LiveLaw (Ker) 387Anamika v. State of Kerala and Others, 2022 LiveLaw(Ker) 388Bilal S & Anr v. Passport Officer & Anr, 2022 LiveLaw (Ker) 389Alex G. Muricken v. Murickens Marketing System LLP & Anr, 2022 LiveLaw (Ker) 390Judgments/Orders This WeekCLAT-PG Test Ranking Can Be Used To Select NTPC Law Officers: Kerala High CourtCase Title: NTPC v. Aishwarya Mohan Citation: 2022 LiveLaw (Ker) 375The Kerala High Court on Monday held that the condition mandating applicants to clear CLAT for applying to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) is lawful. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P. thereby allowed the appeal preferred by NTPC against the decision of a Single Judge which held that such a condition was violative of Article 16 of the Constitution of India. Accordingly, the Single Judge decision has been set aside.How Will You Protect BPL Students In Self-Financing Colleges Now That Scholarship Has Been Withdrawn? Kerala High Court Asks StateCase Title: Nimal James & Ors v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 376The Kerala High Court directed the State government to clarify how a student belonging to the Below Poverty Line category can be asked to pay tuition fees at a self-financing college, even if it was a subsidised rate. Justice Devan Ramachandran also asked the State to respond to how such students can be protected now that they have been stripped of the scholarship scheme that was previously available to them.Person Born In A Particular Community Can't Be Denied Certificate Sans Enquiry Merely Because His Mother/ Wife Belong To Another Community: Kerala HCCase Title: R. Karthik v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 377The Kerala High Court on Tuesday held that a person born in a particular community cannot be denied community certificate merely for the reason of change in his residence or because his mother and wife belong to another community. Justice VG Arun opined that to determine the community status of a person, enquiry must be conducted about the caste to which the applicant is born and how he was brought up and the mere fact that he changed residence or married a belonging to another caste, are not determining factors.Parties Should Be Heard Before Initiating Recovery From Pension Even If Statute Does Not Require So: Kerala High CourtCase Title: KSRTC & Ors. v. K. Venu Kumar and connected mattersCitation: 2022 LiveLaw (Ker) 378The Kerala High Court ruled that parties should be offered a hearing before a recovery proceeding as per principles of natural justice, even if a statute does not provide for the same since such proceedings can have civil and pecuniary consequences. A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice C.S. Dias thereby dismissed the argument of Kerala State Road Transport Corporation (KSRTC) that before the Corporation finds that excess payments are made, the employees need not be heard as there is no statutory provision mandating the same.POCSO Act | Courts Must Be Sensitive To Victim's Plight But Should Not Accept Allegations As Gospel Truth In Every Case: Kerala High CourtCase Title: XXXX v. State of Kerala and othersCitation: 2022 LiveLaw (Ker) 379The Kerala High Court while allowing a pre-arrest bail application, observed that in matters of alleged sexual offences, especially against minor victims, the courts must be sensitive to the plight of the victims; however, that does not mean that the allegations ought to be accepted as the gospel truth in every case. Justice Bechu Kurian Thomas cautioned the courts about false allegations to achieve ulterior objectives and observed that tutoring a witness by the parents even while considering an application for bail cannot be ignored.KEAM Candidate Entitled To Accept Higher Options Until Centralized Admission Process Is Complete: Kerala High Court Asks College To Refund FeeCase Title: MES Dental College v. Shahana P.S & Ors.Citation: 2022 LiveLaw (Ker) 380The Kerala High Court on Monday held that as long as the centralized admission process was not complete, a candidate who attempted the Kerala Engineering, Architecture,...

Kerala High Court Weekly Round Up: July 25 To July 30, 2022

Hannah M Varghese

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