Member (Account Deleted)
02 June 2010 at 13:39
sir, i filed an O.A. before CAT for enforcement of my fundamental right to equality, as i was kicked out, retaining my 31 juniors and CAT did not issue even a notice to the respondents and it was dismissed as time barred.
Can i move with a fresh petition under art. 32 for the same relief bypassing high court under 226?
Member (Account Deleted)
02 June 2010 at 13:38
sir, i filed an O.A. before CAT for enforcement of fundamental rights as i was kicked out retaining my 31 juniors and CAT did not issue even a notice to the respondents and it was dismissed.
Can i move with a fresh petition under art. 32 for the same relief bypassing high court under 226?
Anonymous
31 May 2010 at 03:25
Ld counsels,
If one of the spouse in marraige alleges fraud and institutes both civil and criminal proceedings on the same alleged fraud, is it possible to stay either of the proceedings.
High courts seems to be reluctanct on staying proceedings, however if the subject matter in the proceedgisn are same how will that be viewed
Please clarify
Thanks.
M. PIRAVI PERUMAL
29 May 2010 at 19:37
Can any one provide me the entire text of judgement of Madras high court division bench consisting of Justice Gokhale and Justice Sasidaran upholding the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.
M. PIRAVI PERUMAL
29 May 2010 at 19:26
Can anyone provide me the entire text of Justice Govindarajan Committee fixing fee for self-financing schools in Tamil Nadu
Anonymous
29 May 2010 at 08:03
As the fundamentals of law describe that courts are just to interpret the law and not to give their own definition but it is generally seen that the courts (even SC) interpret the law discretionary. Recently, the SC held that the cooling period of 6 months is mandatory in mutual divorce and can't be waived as it has been written in law and courts doesn't have any discretion.
Now coming to other points, the law has also written that the divorce case to be concluded in 6 months, Domestic Violence in 2 months, Criminal Trial as soon as possible, even then these trials take half of litigant's life.
Why doesn't the Courts interpret as these are written in law and pass suitable directions to the trial courts.
Habeeb Syed
28 May 2010 at 13:42
Hi all,
I need some advice. The issue is as follows:
My passport was issued by RPO Mumbai in 2005. I was staying in IIT Bombay then and accordingly the address on passport is that of my hostel in IIT Bombay. Now I want to change it to my permanent address which falls under Hyderabad RPO. The Hyderabad RPO is not ready to do that saying I should have given proof of my permanent address while applying for passport, i.e., in 2005. The point is I don't remember if there was any such rule then (in May 2005), otherwise there is no way I would have got my passport.
Can somebody please tell me what can I do?
puneet saxena
26 May 2010 at 20:31
Respected Sir/Madam
"If govt. tries to compare the candidates(open for govt. jobs) on non-comparable ground then is it against the article 16 of indian constitution that guarantee equal opportunity in all govt. jobs?"
the whole matter is as follows
UP government has started entrance process for basic teacher training(BTC) for 17800 seats from 16 may 2010(source Amar Ujala News Paper Dated-16 May 2010).candidates will be selected on the basis of merit( marks obtained in 10th,12th and in graduation).one candidates can apply for one district only.for detail please see amar ujala news paper dated 16 may 2010. last date for submitting form is 8th june.
Besides it the UP govt has taken decision to select the PGT/TGT teacher on the basis of merit.(academic score)
But i and a lot of people like me have following objections.
1.Different boards/universities candidate will apply for BTC. how can we compare different board/university students on the basis of their marks. each board or university has different syllabus,different marking pattern.this can be easily proved by seeing past results,boards guideline for evaluation and by seeing syllabus of the same class. for example- a up board student of class twelve has combined syllabus for eleventh and twelfth class and has to prepare both year syllabus for 12th board exam while CBSE student has different syllabus for 11th and 12th.
2. my second objection is students of different streams of the same board/university or different board/university and of same stream but with different subjects can not be compared. some subjects are more scoring than others.this can be easily seen by checking past record. for example students who have home science, music etc subjects will get higher marks than a economics' s student marks. some subjects have practical components and the students who have practical subjects easily get higher marks in practical component.
3.professional courses can not be compared with academic courses.professional courses has two types of evaluation. first internal and second- university based exam evaluation. in internal marking system most of the students easily get 80 to 100% marks. so a BCA ,BBA student can not be compared with a B.A. student whose evaluation is done only on the basis of university exam.
4-the student of same board or different board/university passing in different years can not be compared.education sector is changing at very fast pace. every year something new has been added and the facilities ,teacher method , evaluation method, syllabus and the government also are changing.so we can see the result of these changes on the marks of the students.
_ In up board when i passed the high school in 1999 , the Kalyan Singh led BJP government was there.CM kalyan Singh introduced nakal adyadesh(ordinance) .if any body found copying would had to go to jail. that year highschool result was only 29%.
_ Up to1999 there was a combined syllabus for 9th and 10th and 10th student had to prepare for both year syllabus for 10th exam.the marking pattern has also changed. in earlier time in maths and science no marks were given if the answer is wrong but now step marking is done and marks is given for right steps without considering answer is wrong or right.
_now in UP nakal mafia is on high. there are several instances of paper leaks, group copying etc.(read editorial in amar ujala dated 16 may 2010)
_besides these there are varying infrastructure in villages, small cities and big cities that affect the mark securing ability of the students in their early stage of education.but they are in no ways less intelligent for the other students who are securing more marks.
5.there is a provision of 50% parallel reservation for women.the net effect is that there is only 25% seats are available unreserved.it is opposed to various courts decision in which court stated that total reservation should not exceed 50% upper cap.i am not opposed to the women reservation but excess of everything is bad because it will create social imbalance in society and we all of us has to face the bad effects of it.
please place your views in detail.i want to file a PIL against UP govt. order because govt. is trying to compare the candidates on non-comparable ground that is against the article 16 of indian constitution that guarantee equal opportunity in all govt. jobs.The govt. rightly has the power to set the criteria but that should be reasonable.The elected govt. should work according to declared policy not arbitrarily.the govt should set the policy when she will conduct entrance exam or when she will make selection according to merit based on academic score.
i sent similar letter to NCTE(national council for teachers education) and ncte's reply is as follows
"This is in response to your e-mail dt. 17.05.2010 in connection with
entrance test going to be conducted by Govt. of Uttar Pradesh for
admission to BTC Course. You have serious objections about the criteria
being adopted by Govt. of UP, though this matter pertains to State
Government however, as per NCTE Regulation 2009 the admission shall be
made on merit on the basis of marks obtained in qualifying examination and
/ or any other selection process as per the policy of State Govt. / UT
Admn. In view of this stipulation, the State Govt. of UP has adopted any
of such pattern NCTE treats it compliance of NCTE Regulation 2009.
(Dr. S.K.Chauhan)
Programme Officer
NCTE
"
i am an unemployed youth and don't have sufficient resources to file a PIL. can you help me because it's not a matter of single person .it's going to affects lacs of people.
looking forward to your comments.
puneet saxena
9286671588
puneetsaxena_2009@rediffamil.com
RAMESH KUMAR VERMA
26 May 2010 at 15:14
DEAR SIR,
WILL YOU TELL THAT "BAR COUNCIL OF INDIA" OCCURS IN RTI ACT, 2005 OR EXCLUDE ALTHOUGH IT IS A GOVERNMENT BODY
YOUR REPLY IS HIGHLY APPRECIATED.
THX
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delay and latches
Sir, Is delay & latches, a bar to move for enforcement of fundamental rights?