CRLA / 720 / 2002 (STATE VS RAMDIN AND ANR) Date of Order/Judgment: 05/12/2024 Appellant preferred appeal u/s 378 CrPC laying a challenge to the judgment of acquittal. HELD: Ld. Trial Court had misread the material evidence on record and has adopted a hyper-technical approach in interpreting the testimonies of the witnesses and the docs. The respondents have failed to provide any explanation for the circumstances under which the incident took place. Acquittal of accused - respondents u/s 498-A, 304-B, & 201 IPC is not sustainable. Appeal allowed.
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CW / 16382 / 2024 (DEVENDRA PRAJAPAT VS UNION OF INDIA) Date of Order/Judgment: 03/12/2024 Petitioner assails the order passed by Principal, PM Shri School Jawahar Navodaya Vidyalaya denying the application for admission on the ground that he has not undertaken the studies of one full Academic Session in III standard. HELD: Since the country was facing Covid-19, the schools were closed and clause 4.4 of Selection test of 2024 has to be read in a liberal way. In the existing circumstances, benefit be extended to the petitioner. Denial of admission is arbitrary. Petition disposed.
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CW / 5313 / 2024 (SHRI ISHWAR PRASAD VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 03/12/2024 Petitioner seeks to challenge appointment of the Add. Adv. Generals & Law Officers issued the circular ignoring the judgment in State of Punjab & Anr v. Brijeshwar Singh Chahal & Anr. HELD: The petition is conveniently silent on the factual aspects such as the eligibility, credibility, efficiency, etc. Petitioner did not plead that the law officers appointed do not possess expertise to safeguard the interest of the State. Petition founded on vague allegations. Petition dismissed.
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CW / 9717 / 2018 (DHARNIA MOTORS VS UNION OF INDIA) Date of Order/Judgment: 29/11/2024 Petitioner seeks to claim transitional credit of excise duty made through Credit Transfer Document by way of filing TRAN-3. HELD: The Rule clearly provides that initially 90 days period is allowed, further extendable to 90 days. On the recommendation of the GST Council, the period could be further extended. There cannot be any more liberal POL for submission of statutory declaration. It is a case of the resp. that even TRAN-3 declaration was submitted beyond prescribed period. Petition dismissed
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CW / 13123 / 2024 (SUBRATA SAHA VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 25/11/2024 Petitioner assailing the order passed by the resp. no.2 – Joint Secretary, Gen. Admin. (Group-V) Department compulsorily retiring the petitioner by invoking rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996. HELD: Respondent’s approach was highhanded, partisan and arbitrary. 3 months’ notice & opportunity of hearing as per Rule 53(2) was not given. The competent Committee has not objectively considered the record and has passed the order vindictively. Petition allowed
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CW / 5744 / 2024 (ANISHA CHANDA D/O KAILASH CHANDRA MEENA VS STATE OF RAJASTHAN) Date of Order/Judgment: 20/12/2024 Petitioners aggrieved of not receiving the question booklet nor any model answer key was published by the respondents in an online exam. HELD: Issuance of model answer key, inviting of objections, constitution of experts committee was not followed in the recruitment process which violated the fundamental rights of the Petitioners. Petitioners are not barred by the principles of acquiescence, estoppel. Probation trainees shall not be bound to refund any amount. Petition disposed.
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CW / 15391 / 2024 (VIJAY KUMAR SHARMA S/O SHRI PRABHUDAYAL VS UNION OF INDIA) Date of Order/Judgment: 19/12/2024 Petitioners assailed constitutional validity of Rule 81 of the Central Motor Vehicle Rules, 1989 levying additional fee of Rs. 50 for each day of delay after expiry of fitness certificate. HELD: Not within the domain of Central Govt. or State Govt. to levy a new fine other than those provided under Chapter XIII of the Act of 1988. Serial No. 11A of Rule 81 of Central Motor Vehicles Rules, 1989 is ultra vires. S. 64(o) r.w. S. 211 of the MV Act 1988 and declared inoperative in law. Pet. allowed
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CRLW / 706 / 2023 (GANGARAM S/O SHRI GULYA MALI VS STATE OF RAJASTHAN) Date of Order/Judgment: 06/12/2024 Whether a prisoner convicted & sentenced for the offence under POCSO Act/S. 376 IPC can be shifted from Jail to Open Air Camp? HELD: There is no exact decision on the legal issue involved rather there are conflicting opinions. Where 2 conflicting views taken by the different Division Benches & Single Benches, this Court has no other option but to refer the matter to a larger bench. Matter be placed before Hon’ble the Chief Justice to answer the aforesaid question, referred by this Court
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CW / 14832 / 2024 (DR. PANKAJ YADAV S/O BHAGWAN SAHAY YADAV VS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL, HEALTH AND FAMILY WELFARE) Date of Order/Judgment: 05/12/2024 Petitioners assailing the validity of final answer key issued by the respondents which resulted in non-consideration of the candidature of the pet. HELD: The resp. has followed the due process of conducting the examination, requesting objections & tendering reasonable justification & have categorically stated the syllabus. The resp. has tendered reasonable justification that the experience of the experts cannot be overlooked, hence, no judicial intervention needed. Petitions dismissed.
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CW / 6911 / 2021 (RAJASTHAN PRASHASANIK SEWA PARISHAD VS UNION OF INDIA) Date of Order/Judgment: 05/12/2024 Petitioner assailing the order passed by Ld. CAT, Jaipur Bench, dismissing the OA. HELD: Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS candidates. Candidates who have been found meritorious will not only lose their chance of selection to IAS but may also become age barred if selection not completed by 31st Dec. Pet. dismissed
