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LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Jun 20, 2022

Six High Courts Get New Chief Justices

  • New Chief Justices were appointed to six High Courts. The Department of Justice in the Union Law Ministry tweeted about these appointments.
  • While five HC judges were elevated as Chief Justices, the Chief Justice of the Telangana High Court, Justice Satish Chandra Sharma, was transferred to the Delhi High Court in the same capacity.
  • Justice Vipin Sanghi from the Delhi High Court was appointed the Chief Justice of the Uttarakhand High Court. Similarly, Justice Amjad A. Sayed of the Bombay High Court was made Chief Justice of the Himachal Pradesh High Court. Justice S.S. Shinde of the Bombay High Court went to the Rajasthan High Court and Justice Rashmin M. Chhaya from the Gujarat High Court to the Gauhati High Court.
  • Justice Ujjal Bhuyan, currently a judge in the Telangana High Court, was elevated as the Chief Justice there.

Jun 18, 2022

UP Demolitions: Follow Due Legal Process, Says SC

  • Stating that "everything should be fair" and the authorities should strictly follow the due procedure under the law, the Supreme Court gave the Uttar Pradesh Government and its authorities three days to respond to the pleas that alleged that the houses of those accused in last week's violence were illegally demolished.
  • There must be a sense among the citizens that the rule of law prevails in the country, a Vacation Bench of Justices A.S. Bopanna and Vikram Nath said and urged the authorities to ensure nothing untoward happened until it heard the matter on June 21.

Jun 17, 2022

SC Refuses another Counselling Round for NEET Super-speciality Courses

  • The Supreme Court refused to entertain the pleas seeking directions to the Centre and others including the Director-General of Health Services to conduct another mop-up round of counselling for admissions to NEET super-specialty courses for 2021. A vacation bench of justices A. S. Bopanna and Vikram Nath did not agree to the submissions of two doctors that one more mop-up round be conducted for admissions in the super-specialty courses as 92 new seats were added later which were not available for them in the first two rounds of counselling.

Jun 14, 2022

Media Outfits Not Covered under Article 226 Ambit: Delhi High Court

  • The Delhi High Court ruled that a news agency or a newspaper does not come under the purview of Article 226 of the Constitution, as an organisation engaged in the dissemination of news, cannot be seen as performing a 'public function'. The Single-Judge Bench of Justice Yashwant Varma passed the order, while dismissing a plea filed by one Prakash Singh, who alleged racial discrimination and harassment by French news agency, 'Agence France Presse'. Even though the media organisations were constituted by an Act of Parliament, but their engaging in dissemination of news cannot be seen as carrying out a 'public function,' noted the High Court.
  • It said such organisations cannot be subject to the writ jurisdiction of High Courts under Article 226, which was available as a public law remedy and not against private wrongs.

Improper Recruitment Advts. Violate Fundamental Right of Candidates: Allahabad High Court

  • The Allahabad High Court said that not properly advertising for recruitment to vacant posts is a violation of fundamental right of the prospective candidates. The Division Bench of Chief Justice Rajesh Bindal and Justice J.J Munir heard this petition filed by Ravi Pratap Mishra. The Court noted that the Single Judge has dismissed the writ petition filed by the appellant with the observation that prior to his appointment, the vacancy was not properly advertised. The advertisement was made in a newspaper, named 'Hindustan Kaa Swaroop', which hardly had any circulation in the area.
  • As the proper procedure for filling up the vacancy was not followed, the Single Judge did not find merit in the writ petition as fair opportunity was not afforded to all the prospective candidates to apply for the post.

Jun 13, 2022

Delhi High Court Appoints Former Justice Pankaj Naqvi as Administrator to Handle Affairs of Judo ...

  • The Delhi High Court appointed retired Allahabad High Court judge Justice Pankaj Naqvi as the Administrator of the Judo Federation of India to run the affairs of the sports body. Justice Yashwant Varma asked the former judge to undertake a review of the existing constitution of the Federation upon taking charge and prepare a draft amended constitution in conformity with the National Sports Code after eliciting the views of its constituents and members and place the finalised version of the same before the court for its approval and consideration.
  • The court's order was passed on a batch of writ petitions by the Haryana State Judo Association, Karnataka Judo Association, and Bombay Judo Association concerning certain disputes in the Judo Federation of India amongst its office bearers.
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