Grouping Of Students Into Sections On The Basis Of Marks Is Violation Of Their Fundamental Right: Punjab & Haryana HC

The Punjab and Haryana High Court has held that the practice of classification of children into sections on the basis of their marks is a violation of fundamental right of elementary education.

Justice Sudhir Mittal observed that such a practice has the tendency of creating a feeling of inferiority amongst children securing less marks.

The Court was considering a writ petition filed by a parent of a student who alleged that in the school his child studies, from Class VI onwards, the children are being classified into sections on the basis of marks secured in the previous examination. The petitioners contended that the practice of grouping students into sections based on their marks at the elementary level is a discriminatory practice and it is violative of Article 14 of the Constitution of India.

Referring to Article 21-A of the Constitution and provisions of the Right of Children to Free and Compulsory Education Act, 2009, the bench observed that institutions providing elementary education are bound to create a free and open atmosphere that promotes a sense of equality and any action which promotes inequality cannot be permitted

By virtue of Article 21-A of the Constitution of India, elementary education is a fundamental right. Thus, it is the duty of the State to provide free and compulsory elementary education. Education is not bookish knowledge alone. It is an inclusive concept, the object being all round development of children. It encompasses moral as well as mental development. Thus, a child is entitled to an atmosphere conducive to all round development. Necessarily, stimuli which impair such development, have to be kept out. It is the duty of a school to ensure that children are not subjected to negative inputs which have the effect of inducing a feeling of inferiority. It is for this specific reason that provisions of Sections 16 and 17 have been made incorporated in the 2009 Act. Classification of children into sections on the basis of their marks has the tendency of creating a feeling of inferiority amongst children securing less marks and, thus, the practice is a violation of fundamental right of elementary education.

The aforementioned Act also violates the right of equal opportunity enshrined in the Constitution. If an action induces a sense of inferiority in a child, it is being denied the right to development and growth at par with a child who does not suffer from such feeling of inferiority. Under the constitutional scheme, institutions providing elementary education are bound to create a free and open atmosphere that promotes a sense of equality. Any action which promotes inequality cannot be permitted
The Court also upheld the order of Punjab State Commission for Protection of Child Rights directing the school to discontinue the practice of forming sections on the basis of merit

Lodge inter-faith couple in safehouse, HC tells Authorities

On Friday, the Punjab & Haryana High Court ordered Haryana Govt. authorities to lodge an inter-faith couple at a safehouse in Panchkula after the woman alleged that Hindu groups were threatening her & her husband.

The 19-year-old woman was on Friday brought before a single bench of Justice Tejinder Singh Dhindsa after the court directed police to do so.

The woman said her DoB is Aug 19, 1999, when asked by the court. This was confirmed by her father and Police, who was in court.

She had married her Muslim friend out of her “own will & accord & wishes to reside with him,” the woman said.

She added, her parents opposed the marriage.

After being in a relationship for the past two years they married earlier this month, her petition said.

The woman said she fears for the life & liberty of her & her husband.

Directing the Govt. to file a response before September 19, the court directed that the couple be kept at a protection home in Panchkula. The woman’s counsel had sought a safe accommodation for the couple, stating that Hindu groups had created tension in Mewat’s Ferozepur Jhirka area where they lived.

High Court : Acquittal of Driver Involved in Accident no Ground for Denial of Insurance Claim (Read Judgement)

The Punjab & Haryana HC has made it clear that acquittal of driver in criminal proceedings pertaining to accident of a vehicle & a complainant turning hostile in the case isn’t a ground for denial of insurance claim to the family of the person killed in that accident.

Justice Lisa Gill of the HC passed these orders while upholding the decision of Motor Accident Claims Tribunal(MACT), Chandigarh, directing the Oriental Insurance Company Limited (OICL) to pay Rs 77.77 lakh claim to the family members of an ex- serviceman who was serving as constable in Chandigarh police when he died after allegedly being hit by a bus.

The man, Jagtar Singh, 42, died on Dec 11, 2016 after he was hit by a bus while crossing a road in the city. It was alleged that the accident was caused by rash & negligent driving by the Chandigarh Transport Undertaking (CTU) bus driver.

On Dec 21, 2018, the Motor Accident Claims Tribunal(MACT) awarded Rs 77,77,322 to the deceased’s family. The amount was to be paid by Oriental Insurance Company Limited (OICL) which had insured the bus.

Aggrieved from these orders, the insurance company had approached the HC arguing that the vehicle in question has been falsely involved in this matter only to extract compensation. The firm added that the propounder of the First Information Report (FIR) Narinder Kumar has turned hostile during criminal proceedings & the driver of the bus had been acquitted in the said proceedings. The company said it wasn’t liable for compensation in this case as it wasn’t proved on record that the bus in question was involved in the accident.

Read also : Punjab and Haryana High Court stays Reservation for Jats and five other communities

Hearing this, the HC found that the identity of the offending vehicle was duly established on record. The bus was found to have been taken in custody by the police from the spot of the accident & was released on superdari.

“The complainant may have turned hostile in the criminal proceedings but in the wake of the positive evidence on record in the present proceedings where the claimant has to prove his case on the touchstone of preponderance of probabilities & not beyond reasonable doubt, it cann’t be concluded that the offending bus wasn’t involved in the accident. Acquittal of the accused driver in the criminal proceedings by itself isn’t a ground to non-suit the claimants in the given factual matrix,” observed the HC while upholding the tribunal’s order.

High Court Notice to Central Bureau of Investigation on Plea Seeking Probe into Pension Scam

The Punjab & Haryana HC on Thursday issued a notice to the Central Bureau of Investigation (CBI) in an ongoing petition seeking investigation into alleged pension scam in which various social security pensions in Haryana were disbursed to the ghost & ineligible beneficiaries.

The matter is pending before the HC in the wake of a petition filed by Rakesh Bains. A resident of Kurukhetra, Bains has been seeking directions to register an First Information Report (FIR) in the alleged scam.

According to the petitioner, no First Information Report (FIR) has been registered against most found receiving bogus old-age-pensions in various districts of Haryana.

Haryana has registered First Information Report (FIR)s only in Shahabad Markanda & Kurukshetra, but no action was taken against those found receiving the pension fraudulently in other districts of the state.

The controversy raised in the petition is with regard to disbursement of old-age samman allowance/pension & other financial incentives to ineligible beneficiaries across Haryana with connivance of the officials concerned.

Woman forced to sit atop jeep: HC issues notice to DGP, Amritsar SSP

CHANDIGARH: The Punjab and Haryana High Court on Friday issued notice to Punjab DGP, SSP Amritsar (Rural) and other officers on a petition, seeking an SIT probe into an incident in which a 35-year old woman fell off the roof of and allegedly paraded by police atop a jeep near Amritsar.

The court issued notice of motion to Director General of Police, SSP Amritsar (Rural), DSP rank officer who was leading the team, SHO of Kathunangal police station,” said Harchand Singh Batth, the counsel for petitioner Balwant Singh.

Bureau of Investigation (BOI) had gone to arrest Balwant Singh in a property dispute case which was filed against him in March last year over the ownership of a brick kiln. Singh was not home at that time.

The victim Kuar said that the police personnel were drunk and could not find her father-in-law so they dragged her out of the house and tried to take her to the police station to pressure rise Singh to surrender.

Kaur was caught on CCTV, falling from the roof of the police jeep. The single-judge Bench of Justice Daya Chaudhary has fixed November 2 as the next date of hearing in the case.

Punjab to Supreme Court: High Court verdict convicting Navjot Singh Sidhu correct

The Punjab government today told the Supreme Court that the Punjab and Haryana High Court was correct in convicting its incumbent minister Navjot Singh Sidhu in the road rage case.

Counsel for Punjab government told a bench of Justices J Chelameswar and Sanjay Kishan Kaul that Patiala resident Gurnam Singh had died after he was given fist blow by Sidhu.

The government said the trial court was wrong in its finding that Singh had died of cardiac arrest and not brain hemorrhage.

“There is not a single evidence that suggest that the cause of death was cardiac arrest and not brain hemorrhage. The trial court verdict was rightly set aside by the High Court. Accused A1 (Navjot Singh Sidhu) had given fiesty blow to deceased Gurnam Singh leading to his death through brain hemorrhage,” the state government counsel told the bench.

Jat quota in Haryana: Supreme Court continues status quo order

The Supreme Court today continued its interim order granting status quo on the operation of the Punjab and Haryana High Court verdict upholding the constitutional validity of the law providing ten per cent reservation to Jats and five other communities in Haryana.

A bench of Justices J Chelameswar and Sanjay Kishan Kaul asked Haryana to file within three weeks its counter affidavit on the plea which has also opposed the Haryana Backward Classes Act of 2016.

“Counter affidavit be filed within three weeks. Rejoinder affidavit be filed within three weeks thereafter. List thereafter. Interim order to continue in the meantime,” the bench noted in its order.

On March 26, the apex court had ordered status quo on the operation of the Punjab and Haryana High Court verdict.

The petitioner had earlier informed the top court that the Backward Class Commission would submit its report on the percentage of quota by March 31.

The Haryana Assembly had unanimously passed The Haryana Backward Classes (reservation in services and admission in educational institutions) Bill 2016 on March 29, 2016. The government had notified the Act in its gazette on May 12, 2016.

The new Act provided reservation to Jat and five other communities including Jat Sikh, Bishnoi and Tyagi under a newly carved out backward class (C) category. As per the Act, these communities would be entitled to get 10 per cent reservation in government services and admission in educational institutions.

However, on May 26, 2016, a division bench of the high court had stayed the reservation to these communities after hearing a plea challenging the constitutional validity of schedule-III (block-C) of the Act. The plea had sought directions to set aside the bill for being against the law laid down by the supreme court in the Indira Sawhney case.

According to the petition, with the passing of the new bill, the total reservation had reached around 70 per cent, but according to the law laid down by supreme court, the quota limit could not exceed 50 per cent. The high court had on September 1 2017, upheld the constitutional validity of the Act.

In February 2016, the state had seen violent protests by the Jat community demanding quota in jobs and educational institutions which virtually brought Haryana to a halt. The agitation had left many dead and several grievously injured.

PIL filed in HC seeking action against Karni Sena

Seeking action against Karni Sena activists for “disturbing peace” in the wake of the release of “Padmaavat”,  a PIL was filed itoday  in the Punjab and Haryana High Court.

The  movie was directed by Sanjay Leela Bansali and  was released across the country today despite opposition from the Rajput outfit and several other organisations.

The PIL, filed by advocate Ranjan Lakhanpal, also sought directions from the court that the governments of those states where incidents of violence and protests took place be held accountable and be asked to pay for damages caused by Karni Sena activists.

The petitioner said that the Centre, Haryana and Punjab governments and the Chandigarh administration have been made party in this case.

“The issue is not the movie. It is a political issue,” Lakhanpal alleged.

The petitioner said that by allowing the Karni Sena to “disturb peace”, the Supreme Court’s order which had stayed the ban on “Padmaavat”, had been violated.

Lakhanpal said, “We have sought in the PIL that action be taken against Karni Sena activists and also the governments for the disturbance of peace.”

Governments should also be asked to pay for the damages caused during the acts of hooliganism, he said.

The petitioner also sought that the court direct states to make proper security arrangements outside cinema halls where “Padmaavat” was being screened.

HC permits Ryan Pinto to visit US, Dubai

The Punjab and Haryana High Court today permitted Ryan International Group’s CEO Ryan Pinto to visit abroad, more than four months after a seven- year-old student was killed at the group’s school in Gurugram.

A single bench of Justice Rajan Gupta allowed Pinto to visit the US and Dubai, his counsel Arshdeep Singh Cheema said today.

Pinto had moved the high court on January 10, seeking permission to go abroad to attend business conferences in the two countries between January 19 and February 9, said Cheema.

He said Pinto offered to furnish a bank guarantee of Rs 1 crore and two properties as sureties.

In November, the court granted anticipatory bail to school chain’s three trustees – group CEO Ryan Pinto and his parents and group’s founding chairman Augustine Pinto and managing director Grace Pinto – in connection with the killing of Pradyuman Thakur at its Gurugram school in September.

The court had asked them not to leave India without its permission and asked them to join the CBI investigation whenever they were called by the agency.

Thakur, a Class 2 student, was found dead with his throat slit in the school’s washroom on September 8.

Initially, bus conductor Ashok Kumar was arrested by the Haryana Police in connection with the crime.

Later, a Class 11 student, who allegedly wanted a parent-teacher meeting and an examination at the school postponed was apprehended by the CBI in connection with the killing of the seven-year-old boy.

Kumar was given bail by a Gurugram civil court in November.

Barala’s bail plea deferred till Jan 11

Barala's bail plea deferred till Jan 11
Barala’s bail plea deferred till Jan 11

The Punjab and Haryana High Court today deferred to January 11 its hearing on the bail plea of Haryana BJP chief Subhash Barala’s son Vikas Barala, who had been booked for stalking and attempting to abduct a woman.

The single bench of Justice Lisa Gill also directed the cellular operator to provide to the trial court, on January 4, the call details between the complainant, 29-year-old Varnika Kundu and her IAS father VS Kundu, as sought by Barala’s counsel.

The high court also directed the trial court to complete the cross-examination of Varnika Kundu before January 11 when the bail plea will be considered, said Barala’s counsel Vinod Ghai.

Barala’s counsel had sought a regular bail from the court, submitting his client has been behind the bars for nearly four months and should be granted bail.

Barala had moved the high court last month after a local court denied him bail for the fourth time.

Charges have been framed against Vikas Barala and his friend Ashish Kumar in connection with the stalking of Varnika Kundu.

The woman had accused Vikas Barala (23) and his friend Kumar (27) of stalking and attempting to abduct her.

The two men were arrested on the intervening night of August 4-5 following the woman’s complaint, but were released on bail as they were booked under bailable sections of the Indian Penal Code and the Motor Vehicles Act.

They were arrested again on August 9 after they joined the investigation and were charged with attempted abduction under sections 365 and 511 of the IPC.

( Source – PTI )