Sunday, September 10, 2023
When Unity is moto of our Scripture, why dispute about names ?!?
our constitution of India is dedicated to the fundamental privilege of Equality and Holy Scripture of Upanisad उपनिषद also emphasize on the broad principles of Equality of each matters in the universe as that is one and only one, procuring and performing in different manners..!
The aforesaid slok verse of Upanisad उपनिषद clearly says this gold ancient truth that science has also proved now.
Yet some foolish selfish elements are fighting for Names, that is to say Bharat भारत instead of India ?!?
Saturday, October 15, 2016
Wednesday, May 11, 2016
If no response by dialing 100 or any other such emergency helpline numbers, the Court is the best recourse now..
The High Court of Delhi recently on 10th May 2016, issued notices to the Centre, Delhi government and Lieutenant Governor Najeeb Jung, seeking explanation over the malfunctioning of Delhi Police’s helpline number 100.
“It is a serious issue. ‘Dial 100’ is meant for public and if it is not answered in emergency, what more we can expect?” a bench comprising Chief Justice G. Rohini and Justice Jayant Nath was quoted as saying and adding further as follows too,
"If there was no answer to a call made by a judge, what would happen when a common man dials it in emergency", said the the Delhi High Court today while expressing concern over the "poor" response on the police emergency helpline number, '100'."
It seems that If no response is made now by dialing 100 or any other such emergency helpline numbers, the Court is the best recourse now, as happened even suo moto in aforesaid case of Delhi High Court..
Monday, May 2, 2016
"Capitation Fee is illegal and just not permissible. " : SC while defining obligation of the State in respect of Admission of Students on merits
While adjudicating CIVIL APPEAL NO. 4060 OF 2009 between appellants MODERN DENTAL COLLEGE AND
RESEARCH CENTRE & ORS. ...VERSUS...respondents STATE OF MADHYA PRADESH & ORS, the Supreme Court of India has considered Capitation Fee not only illegal but also not permissible in the eyes of laws and emphatically redefined the liability of the State in respect of regulating admissions of the students on merits recently and observed as follows that:
"I have no hesitation in upholding the vires of the impugned
legislation which empowers the state government to regulate admission
process in institutions imparting higher education within the state. In
fact, the State being responsible for welfare and development of the
people of the State, ought to take necessary steps for welfare of its
student community. The field of ‘higher education’ being one such field
which directly affects the growth and development of the state, it
becomes prerogative of the State to take such steps which further the
welfare of the people and in particular pursuing higher education. In
fact, the State Government should be the sole entity to lay down the
procedure for admission and fee etc. governing the institutions running
in that particular state except the centrally funded institutions like IIT,
NIT etc. because no one can be a better judge of the requirements and
inequalities-in-opportunity of the people of a particular state than that
state itself. Only the State legislation can create equal level playing field
for the students who are coming out from the State Board and other
streams.
Merit is the cumulative assessment of worth of any individual
based on different screening methods. Ideally, there should be one
common entrance test conducted by the State both for government
colleges and for private unaided educational institutions to ensure
efficacy, fairness and public confidence.
If private unaided educational
institutions are given unfettered right to devise their own admission
procedure and fee structure, it would lead to situation where it would
impinge upon the “right to equality” of the students who aspire to take
admissions in such educational institutions. Common Entrance Test by
State or its agency will ensure equal opportunity to all meritorious and
suitable candidates and meritorious candidates can be identified for being allotted to different institutions depending on the courses of
study, the number of seats and other relevant factors. This would
ensure twin objects:- (i) fairness and transparency and (ii) merit apart
from preventing mal-administration. Thus, having regard to the larger
interest and welfare of the student community to promote merit and
achieve excellence and curb mal-practices, it would be permissible for
the State to regulate admissions by providing a centralized and single
window procedure.
Maintenance and improvement of public health and to
provide health care and medical services is the constitutional obligation
of the State. To discharge this constitutional obligation, the State must
have the doctors with professional excellence and commitment who are
ready to give medical advice and services to the public at large. State can satisfactorily discharge its constitutional obligation only when the
aspiring students enter into the profession based on merit.
Fundamental Rights of private unaided professional colleges
must yield to public interest and rights of the students at large: Right to
be treated fairly and to get admission through a non-arbitrary, nondiscriminatory,
fair and transparent procedure is a fundamental right of
the students under Article 14.
Any law which creates an artificial
classification between private unaided institutions and other
institutions and creates a disparity in the matter of admission whereby
a meritorious student could be denied admission to pursue higher
education in a private unaided institution solely because such
institution has an unfettered right to choose its own students without
following a uniform and transparent admission procedure would be
violative of the rights of the aspiring students guaranteed under Article
14. Right of the students to admission in private unaided medical
colleges is a right of equality in opportunity.
Capitation fee cannot be permitted to be charged and no
seat can be permitted to be appropriated by payment of
capitation fee. “Profession” has to be distinguished from
“business” or a mere “occupation”. While in business, and to a
certain extent in occupation, there is a profit motive, profession
is primarily a service to society wherein earning is secondary or
incidental. A student who gets a professional degree by payment
of capitation fee, once qualified as a professional, is likely to aim
more at earning rather than serving and that becomes a bane to
society. The charging of capitation fee by unaided minority and
non-minority institutions for professional courses is just not
permissible".
Monday, April 4, 2016
Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??
Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A etc.in IPC from State to State ??
Can it be justified in Laws ?
Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??
For Instance,
The Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007, came into force with effect from 22nd February 2008. The amendment interalia changed the forum for the trial of offences punishable under sections 317, 318, 326, 363, 363-A, 365, 377, 392, .393, 394, 409, 435, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A, from that of a Court of Magistrate of First Class to that of a Court of Sessions.
Whereas offences punishable under Sections 326, 409, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A etc. are triable by Courts of The Magistrate in Gujarat and other states of India !
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