A vacation bench of Madhya Pradesh High Court on Monday allowed 52 postgraduate (MD/MS) students of a private medical college to appear for their January exam without depositing extra tuition fees.
Bhopal-based LN Medical College, on the basis of a recent order of the Appellate Authority Admission and Fees Regulatory Committee of Madhya Pradesh, had demanded extra tuition fees from students, the petitioner students’ counsel Aditya Sanghi said.
A vacation bench of Justices Nandita Dubey and Sanjay Dwivedi stayed the order of the Appellate Authority Admission and Fees Regulatory Committee, he added.
The 52 students took admission in postgraduate medical courses in the college on a fee structure of Rs 11.55 lakh per annum on the basis of an order of the state director medical education issued in April 2019, Sanghi informed.
However, the college, two weeks ago, asked students to deposit Rs 13.75 lakh with LNCT University Bhopal before December 31, failing which they would not be allowed to appear for the examination to be held in January, Sanghi said.
The court served four-week returnable notices on the respondents, namely Secretary of Appellate Authority Admission and Fees Regulatory Committee, Secretary of Admission and Fees Regulatory Committee, Registrars of LN Medical College and the LNCT University Bhopal, Director of medical education and Principal Secretary of medical education, he said.
The Madhya Pradesh High Court has directed a government college to reinstate a guest lecturer whose services it had terminated during her maternity leave.
Setting aside the order of termination, Justice Sujoy Paul Friday asked the college to give her maternity benefits.
Richa Tiwari, a guest faculty of computer science in the Government Naveen Mahavidyalay at Lidhoura in Tikamgarh district, had filed the petition challenging her termination order of October 22, 2108, her counsel said.
“The high court said the respondents (including the state government) shall reinstate the petitioner in service and treat the relevant period as maternity leave and grant maternity benefits to her,” Tiwari’s counsel Madhavi Chaturvedi said.
The petitioner had applied for maternity leave on October 1, 2018 while in advance stage of pregnancy. She had also attached medical documents in support. But the college authorities did not respond to it, she said.
“However, her services were terminated on October 22 on the pretext that she remained absent from the college without informing the authorities, whereas the petitioner had already applied for maternity leave,” Chaturvedi said.
The Madhya Pradesh High Court here has granted bail to an old man, charged with sexually assaulting a minor girl, on medical grounds that he was devoid of penile erection and other facts.
A single bench of Justice MF Anwar on Tuesday observed, “Looking at the facts and circumstances of the case, the age of Dhaniram (68) and the period of detention, I am inclined to enlarge the applicant on bail.
“As per medical evidence observation, the applicant’s penile erection was missing and he was not capable for semen slide,” his counsels Vasant Daniel and Vishal Daniel told the court.
Dhaniram, who had been in judicial custody since November 6 last, was suffering from various diseases related to heart and prostates, they contended.
The applicant had served in the Navy and after retirement, worked as a teacher in the government school, the lawyers said.
The Navy and the principal of the school had issued certificates to the effect that he held a good moral character, they added.
The counsels claimed that the petitioner was falsely implicated by the father of the minor, while the prosecution opposed the bail application.
After hearing both sides, the court granted bail to the accused.
The accused was arrested under sections 363, 366-A, 376(A)(B), 376(2)(j)(k)(i) of the IPC and sections 3-A, 4, 5m, 6 of the POCSO Act. The case was registered at the Mungwani police station in Madhya Pradesh’s Narsinghpur district.
The allegation against the accused was that at around 8 pm on November 4 last year, he had lured the minor girl and took her to his house on the pretext of showing her sparkling lights and sexually assaulted her.
A woman had the right to know the remuneration of her husband, the Madhya Pradesh High Court has observed.
A High Court bench of Justices SK Seth and Nandita Dubey made the observation while hearing the petition of Sunita Jain who had sought a higher maintenance amount from her estranged husband claiming that he was a senior officer with state-run BSNL.
Counsel for the petitioner, KC Ghildiyal, said Sunita Jain had pleaded that her estranged husband, Pawan Kumar Jain, was a senior officer of the BSNL and was drawing a high salary while she was being given a monthly maintenance of just Rs 7,000 per month.
After a trial court rejected Sunita’s plea that her husband produce his pay slip, she had filed a Right to Information plea to get his salary details.
The issue reached the Central Information Commission, which, in an order dated July 27, 2007, asked the Central Public Information Officer of BSNL to furnish the details of Pawan Kumar Jain’s monthly remuneration, Ghildiyal said.
The husband, however, challenged the CIC order before a single bench of the MP high court which set aside the CIC order in March 2015.
Ghildiyal said that Sunita Jain then moved the double bench of the high court which observed that a wife was entitled to know the remuneration of her husband.
The HC bench of Justices SK Seth and Nandita Dubey stated that the wife couldn’t be denied this information by considering her a third party.
While setting aside the single bench order, the double bench, in an order on May 15, allowed the writ appeal and upheld the CIC order.
The Madhya Pradesh High Court has dismissed a public interest litigation (PIL) challenging the appointment of law officers made by the state government.
The Indore bench of the high court, comprising justices P K Jaiswal and Virender Singh, recently dismissed the PIL filed by activist Mahesh Garg.
The plea alleged that the appointment of law officers for representing the state government in the high court has been made as per the “whims and fancies” of the ruling BJP and the minimum eligibility criteria for the post has been ignored.
However, while dismissing the PIL, the high court cited a Supreme Court observation.
“The apex court has observed that the states should do well to reform their system of selection and appointment (of law officers) to make the same more transparent, fair and objective and if necessary, may amend the manuals/rules and regulations on the subject,” the court said.
“Therefore, it is (for) the state government to consider the directions issued by apex court,” it added.
The high court also dismissed the petitioner’s plea seeking direction for the state government to introduce a change in the process of law officers’ appointments.
“The issuance of any direction as prayed for by the petitioner will be an inroad in the functions of the state government,” the court observed.
Terming the allegations in the petition “baseless”, the state government said guidelines had been issued on February 27, 2013 for the appointment of law officers and the appointment of government lawyers has been made as per the criteria.
On behalf of the state government, the high court was also informed that the performance of government lawyers in the court cases is being constantly monitored and reviewed.
The Madhya Pradesh High Court has suspended on grounds of misconduct additional district judge R K Shrivas, who recently staged a sit-in outside the court alleging “wrongful” transfers.
“The administrative committee of Madhya Pradesh High Court has taken a decision to suspend R K Shrivas yesterday.
The orders of the same have been issued,” the high court’s Principal Registrar (Vigilance) Satyendra Kumar Singh said.
He, however, refused to share the reasons for the suspension of Shrivas.
The suspension orders, however, stated, “Whereas a departmental enquiry has been initiated against Shri R K Shrivas, the then officer on special duty, High Court of MP Jabalpur, presently posted as additional district judge Neemuch for showing act of grave misconduct.”
“And whereas, serious nature of acts of misconduct warrant his suspension from service,” the orders issued by Principal Registrar (Vigilance) further added.
Shrivas maintained that he would continue his fight against the alleged injustice meted out to him.
Shrivas, who had assumed the charge as additional district judge at Neemuch yesterday after recent transfer from Jabalpur, said that he received the orders by fax at 6 pm yesterday.
“I received orders by fax at 6 pm. I will be headquartered in Neemuch during this period. I will oppose this suppressive action,” he added.
Shrivas had staged a sit-in in front of high court here for three days from August 1 in protest against his four transfers in the last 15 months which he said were in violation of transfer policy (for judicial officers).
Shrivas, who started as a Judicial Magistrate First Class (JMFC) in 2000 was promoted as an additional district judge about three years ago.
He said that he had written to the Chief Justice of MP High Court and the Chief Justice of India (CJI) last year about rampant violation of Transfer Policy 2015, which allows a person to work at one place for a maximum period of three years.
Despite this rule, several officials in the judicial service are working in one place for as long as five years, he had alleged.
The Supreme Court has set aside the Madhya Pradesh High Court order awarding three months jail to a professor for contempt for casting aspersions on some HC judges, saying he was not in a “proper frame of mind”.
The court said professor Lavit Rawtani, who teaches Information Technology at Maulana Azad National Institute of Technology, Bhopal (MANIT), cannot be held responsible for his actions as he was not in the right frame of mind.
A bench headed by Chief Justice J S Khehar passed the order after perusing a report submitted by the Board of Doctors which concluded that he was “suffering from chronic schizophrenia and needs regular psychiatric treatment”.
The apex court had on May 4 accepted the plea of the professor’s wife, who pleaded in person before the court that her husband was schizophrenic and “not fit and stable”.
The top court had also stayed the arrest and detention order of the Madhya Pradesh High Court.
“It is not possible for us to accept that the husband of the petitioner was in a proper frame of mind during the course of the proceedings in the High Court leading up to the impugned order.
“As such, he cannot be held responsible for his actions.
Since he did not understand the consequences of his actions, the impugned order passed by the High Court on March 2, 2017, ordering his conviction for contempt of court and sentencing him to three months’ simple imprisonment, is unsustainable.
The same is, accordingly, hereby set aside,” the bench, also comprising Justice D Y Chandrachud, said.
The apex court asked the wife to ensure proper treatment to her husband to alleviate his medical condition and said “in case she is unable to do so, recourse may be made to Mental Healthcare Act to administer treatment to the husband of the petitioner.”
The Jabalpur bench of the MP High Court had initiated contempt proceedings against the professor on March 2 for making reckless allegations against judges and not tendering unconditional apology. It had sentenced him to three months simple jail term on April 6, holding him guilty of contempt.
The professor had first filed a PIL in 2014 challenging some appointments made in MANIT and demanding a probe, which the High Court had dismissed asking him to file a writ petition.
Subsequently, he refused to file a writ petition espousing his cause and started sending speed posts containing contemptuous contents to High Court judges.
The High Court had taken up the matter suo motu (on its own) and initiated contempt proceedings against him.
The wife of the professor moved the High Court on April 25 seeking time to appeal against the order in Supreme Court and stay on the arrest of her husband.
The Madhya Pradesh High Court today issued a notice to the deputy superintendent of the government-run Maharaja Yashwantrao Hospital here over the death of 17 patients.
Some media reports had claimed that disruption in the supply of piped oxygen led to the death of the patients.
The division bench of Justices P K Jaiswal and Rajiv Kumar Dubey of the Indore bench of the high court issued notices to the hospital’s deputy superintendent, Dr Sunil Sarang, and the private contractor responsible for the upkeep of the oxygen supply system.
The bench has sought response within two weeks.
The court was hearing two pleas which cited media reports that the oxygen supply system failed on the intervening night of June 21 and 22, causing the deaths.
The pleas demanded compensation of Rs 1 crore for the kin of the deceased, and a probe by a retired high court judge.
Hospital superintendent V S Pal has filed an affidavit denying the media reports. None of the 17 patients died due to failure of oxygen supply, the affidavit said.
The Madhya Pradesh High Court today ordered police to register a criminal case against Congress MLA Kamleshwar Patel for allegedly forging medical documents to skip hearing of an election petition against him.
Justice Atul Shridharan directed the Bhopal police to register a criminal case against Patel, MLA from Sinhaval in Sidhi district.
“While hearing a petition challenging the election of Patel, the HC directed the police to register a criminal case against Patel for furnishing wrong information about his medical treatment in order to skip the hearings,” government advocate Geetesh Singh Thakur said.
Swaroop Narayan Dwivedi, who had contested the polls from Sinhaval as an independent candidate, had challenged Patel’s election in the high court in 2014 on the ground that the latter had allegedly adopted unfair means to win the poll.
The HC had earlier directed Patel to remain present for recording of statement on April 27. However, since Patel did not attend that hearing, the HC summoned him again, fixing May 11 for the next hearing.
Patel’s lawyer, however, informed the court that he was not able to make it to the hearing as he was admitted to a private hospital in Bhopal.
The high court then fixed May 17 as the next date of hearing. Patel’s lawyer, however, again told the court that he was in the private hospital till May 16 and then referred to AIIMS, Bhopal on May 17. Patel’s lawyer also presented the discharge certificate of the private hospital besides an affidavit to support his contention.
However, the petitioner’s lawyer presented various newspaper reports, which showed that Patel was present at a meeting held at the Congress party’s state headquarters on May 15.
During the hearing on May 17, the HC asked the Superintendent of Police, Bhopal to get the records of the private hospital and AIIMS to verify the Congress MLA’s claims. It also directed the SP to get the CCTV footage of the Congress office. He was asked to submit the report within 24 hours.
The high court found that the Bhopal SP’s report did not corroborate the claim of Patel’s lawyer. Doctors of the private hospital also did not back Patel’s claims.