Kerala High Court Weekly Round-Up: November 7 To November 13, 2022

Nominal Index [Citations 571-587]Sree Sankaracharya University of Sanskrit and Anr. v. Divyata Nedungadi alias Divya Balakrishnan and Anr. 2022 LiveLaw(Ker) 571S. Rajeev Kumar v. The Director, Central Bureau of Investigation 2022 LiveLaw (Ker) 572State of Kerala & Ors v. M.V. Dines & Anr. 2022 LiveLaw (Ker) 573NG v. AKG & Ors. 2022 LiveLaw (Ker) 574Ramsiyamol R S v. State of Kerala & Ors. 2022 LiveLaw (Ker) 575Sebastian Joseph & Anr v. The University of Kerala & Ors. 2022 LiveLaw (Ker) 576Dr Ferosh M Basheer v. The University of Kerala and Ors. 2022 LiveLaw (Ker) 577Sreeja Mannangath v. State of Kerala & Anr. 2022 LiveLaw (Ker) 578Abu Thahir v. State of Kerala and Anr. 2022 LiveLaw (Ker) 579Nazeem S.R. & Ors. v. Kerala State Road Transport Corporation & Ors. and Kuriakose K.B. & Ors v. State of Kerala & Ors. 2022 LiveLaw (Ker) 580Cardinal Mar George Alencherry v. Joshi Varghese & Ors. 2022 LiveLaw (Ker) 581Vishnu M v. State of Kerala & Anr. 2022 LiveLaw (Ker) 582Dr. Prathibha K. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 583Jose and Ors. v. State of Kerala 2022 LiveLaw (Ker) 584Ubaid A.M. v. State of Kerala 2022 LiveLaw (Ker) 585Gisha Marin Jose v. State of Kerala and Ors. 2022 LiveLaw (Ker) 586Suo Motu v. State of Kerala & Ors. 2022 LiveLaw (Ker) 587Orders/Judgments This Week UR Category Candidates Can Be Excluded From Selection Process If Statute Disentitles Their Consideration Even In Absence Of Reserved Category Candidate: Kerala HCCase Title: Sree Sankaracharya University of Sanskrit and Anr. v. Divyata Nedungadi alias Divya Balakrishnan and Anr.Citation: 2022 LiveLaw(Ker) 571The Kerala High Court on Thursday observed that Unreserved Category Candidates can be excluded from the selection process itself, if the statute disentitle their consideration for vacancies earmarked for a particular reserved category, even in the absence of suitable candidates. Division bench consisting of Justice P.B. Suresh Kumar and Justice C.S Sudha said that permitting open category candidates to participate in such selection process will only give them "false hopes".CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High CourtCase Title: S. Rajeev Kumar v. The Director, Central Bureau of Investigation Citation: 2022 LiveLaw (Ker) 572The Kerala High Court recently observed that the Central Bureau of Investigation (CBI) is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act. As per Section 24 of the RTI Act, the Act shall not apply to the intelligence and security organisations specified in the Second Schedule, being organizations established by the Central Government or any information furnished by such organizations to that Government. [Information pertaining to allegations of corruption and human rights violations are not exempted.]Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that as per a notification issued by the Government in 2011, CBI, NIA and National Intelligence Grid are included in the Second Schedule to RTI Act, and therefore, CBI is not liable to furnish any information. "Therefore, it can be seen that once CBI is included in the second schedule in contemplation of Section 24 of the Act, 2005, the said organization is not liable to furnish any information".Statute 66 Of Calicut University Enables Incumbent In Lower Category To Claim Promotion Only To Immediate Next Higher Grade: Kerala HC Case Title: State of Kerala & Ors v. M.V. Dines & Anr. Citation: 2022 LiveLaw (Ker) 573The Kerala High Court last week ruled that Statute 66 of Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 enables an incumbent in a lower category to claim promotion only to the immediate next grade. Allowing Kerala government's appeal against a single judge decision, the division bench of Justice P.B. Sureshkumar and Justice C.S. Sudha rejected the argument that promotion need not be from the immediate lower category only and can be effected from any of the lower categories.[Custody Battle] Children Have Right To Company Of Both Parents, Severing Contact With One Parent Snaps Emotional & Psychological Bond: Kerala HCCase Title: NG v. AKG & Ors. Citation: 2022 LiveLaw(Ker) 574The Kerala High Court recently reiterated the settled position that while considering custody matters, Court must pass orders ensuring that the child is not totally deprived of the love, affection and company of one of the parents. The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed that if the child is denied the opportunity to interact with one of the parents, it certainly will cause "snapping of the emotional and psychological bondage". While stating so, the bench took note of the position in Yashita Sahu v. State of Rajasthan (2020)...

Kerala High Court Weekly Round-Up: November 7 To November 13, 2022

Navya Benny

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