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Supreme Court Monthly Round-Up: June 2024
Gyanvi Khanna
7 July 2024 3:49 AM GMT
As the Supreme Court prepares to reopen on July 8 and the vacation period concludes, LiveLaw brings you its monthly digest of June. This digest will keep you updated on all the significant developments that occurred before the Vacation Benches. From the progress in Kejriwal's plea against the Delhi High Court's interim order staying his bail to updates on the NEET-UG 2024 matter, we've got...
As the Supreme Court prepares to reopen on July 8 and the vacation period concludes, LiveLaw brings you its monthly digest of June. This digest will keep you updated on all the significant developments that occurred before the Vacation Benches. From the progress in Kejriwal's plea against the Delhi High Court's interim order staying his bail to updates on the NEET-UG 2024 matter, we've got you covered.
Orders/ Judgments
No Government Servant Can Claim Promotion As Their Right : Supreme Court
Case Title : Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. | Writ Petition (Civil) No. 432 of 2023
Recently, the Supreme Court observed that government employees cannot demand promotion as a matter of right and that the Court's intervention in promotion policies should only be limited when there is a violation of the equality principle under Article 16 of the Constitution.
Case Title: Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. | Writ Petition (Civil) No. 432 of 2023
The Court in its judgment concerning the promotion of Judicial Officers by the Gujarat High Court took an expansive view of what would mean by 'merit' in the context of promotion of judicial officers.
Case Title: YSR Congress Party and Anr. v. Election Commission of India and Anr.| Diary No. 25729-2024
The Supreme Court refused to entertain a petition filed by YSR Congress Party challenging relaxation of postal ballot norms by the Election Commission of India in the State of Andhra Pradesh.
NEET-UG 2024 : Another Petition In Supreme Court Seeks NEET Re-Exam Over Alleged Paper Leak
Case Title: Shivangi Mishra and others v. National Testing Agency and others | DIARY NO. - 25656/2024
Raising allegations of leaking of the question paper of the National Eligibility cum Entrance Test-Under Graduate( (NEET-UG) 2024 exam held on May 5, another writ petition has been filed in the Supreme Court seeking a re-conduct of the exam.
Delhi Water Crisis : Supreme Court Asks Upper Yamuna River Board To Convene Urgent Meeting On June 5
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024
To resolve the water crisis being faced by residents of Delhi, the Supreme Court today asked the Upper Yamuna River Board to call for an emergent meeting of all stakeholder-states on June 5 and submit the Minutes of the Meeting as well as the suggested steps by June 6.
Case Title: Seshagiri Rao Namburi v. Pinnelli Ramakrishna Reddy and Anr, Diary No. 25204-2024 (and connected matter)
Pursuant to allegations of Electronic Voting Machine (EVM) destruction at a polling booth in Andhra Pradesh, the Supreme Court today restrained Macherla MLA Pinnelli Ramakrishna Reddy(YSRCP) from entering the concerned counting station and/or the vicinity of the same on 04.06.2024 (when counting will take place).
Case Title: CHEVIREDDY MOHITH REDDY V. THE ELECTION COMMISSION OF INDIA, DIARY NO. - 24933/2024
The Supreme Court today refused to entertain a plea filed by YSR Congress Party MLA Candidate Chevireddy Monith Reddy seeking repolling at some booths of the Chandragiri assembly constituency in Andhra Pradesh.
Case Title: MANISH SISODIA Versus DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 7795/2024 (and connected matter)
The Supreme Court disposed of the bail plea of former Delhi Deputy Chief Minister Manish Sisodia regarding the money laundering and corruption cases connected to the liquor policy case. This was after Solicitor General Tushar Mehta informed the Court that the final chargesheet in the matter would be filed in three weeks. However, the Court granted time till July 03, 2024 for filing of the chargesheet. At the same time, it gave Sisodia liberty to raise his plea after filing of the chargesheet.
Subsequent Change In Law Can't Be A Ground For Condonation Of Delay: Supreme Court
Case Title: Delhi Development Authority v. Tejpal & Ors., SLP(C) No. 26697 of 2019 (and connected matters)
In a batch of land acquisition cases, the Supreme Court recently observed that subsequent change in law cannot be a ground for condonation of delay.
The case pertained to land acquisition process initiated by Delhi government under the Land Acquisition Act, 1894 for planned development of Delhi. Between 1957-2006, various notifications were issued for acquiring lands and awards passed fixing compensation.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024
In a major relief to the residents of Delhi, the Supreme Court on Thursday (June 6) directed the Himachal Pradesh Government to release water to Delhi after intimating the Haryana Govt.
Case Details: Justices Sanjay Kumar and PB Varale
In a case filed by the Municipal Corporation of Greater Mumbai (MCGM) regarding the applicability of certain provisions of the Mumbai Municipal Corporation Act to hoardings on Railways' land, the Supreme Court today directed authorities in Mumbai to ensure that no untoward incident relating to hoardings takes place in the city considering that monsoon season has arrived.
Case Title : Vishal Tiwari v. Union of India W.P.(C) No. 162/2023 and connected cases
An application has been filed before the Supreme Court seeking directions to the Union Government and the Securities and Exchange Board of India (SEB)I to submit a detailed report on the Share Market crash and the loss of investors after the Lok Sabha 2024 Polls Results.
Case Title: ANKUR CHAUDHARY VERSUS STATE OF MADHYA PRADESH, SLP(Crl) No. 004648 / 2024
The Supreme Court observed that if there's an undue delay in the completion of the trial, then there would be no impediment to consider the grant of bail to the accused under Narcotics Drugs and Psychotropic Substances Act despite not meeting the stringent test under Section 37 of the NDPS Act.
Supreme Court Dismisses Plea Of American Citizen For Asylum In India
Case Title: CLAUDE DAVID CONVISSER Versus UNION OF INDIA AND ANR., W.P.(C) No. 356/2024
The Supreme Court dismissed a petition under Article 32 of the Constitution of India filed by an American citizen seeking asylum in India. The petitioner, who claimed to have discovered an alternative to petroleum, feared persecution if he returned to the United States.
Supreme Court Cancels Online AoR Exam After Technical Glitches
After the technical glitches that were flagged by the candidates appearing for the online Paper-I (Practice and Procedure of the Supreme Court) of the Advocates-on-Record (AoR) Examination, the Supreme Court AOR Examination Branch has issued a clarification notice cancelling the online mode of exam.
Case Title: ANAND PRAKASH MANI TRIPATHI VS. STATE OF U.P., DIARY NO. - 7179/2017
The Supreme Court, through its order dated May 07, granted post-retiral benefits to the Assistant Wasil Baki Navis (AWBNs)/ appellants, selected in 1981 for District Gorakhpur on a short-term seasonal appointment basis.
Principle Of Res Judicata May Not Strictly Apply When Public Interest At Stake: Supreme Court
Case Title: Government of NCT of Delhi & Anr. v. M/s BSK Realtors LLP & Anr. (and connected matters)
While ruling in favor of the Delhi government and its entities in a batch of land acquisition cases, the Supreme Court recently observed that the principle of res judicata may not strictly apply in situations where public interest is at stake.
Case Title: Azhar Basha Tamboli v. Ravi S. Gupta and Ors., SLP(C) No. 13061-13062/2024
The Supreme Court suspended the screening of the film "Hamare Baarah", until disposal on merits of the case pending over its release before the Bombay High Court. The film, scheduled to release on June 14, is alleged to be derogatory towards the Islamic faith and married Muslim women in India.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024
The Supreme Court (today on June 13), disposed of the Delhi Government's plea seeking directions to the State of Haryana for immediate release of water to the crisis-hit national capital. While doing so, the Court directed the Delhi Government to approach the Upper Yamuna River Board (UYRB), saying that the issue concerning the sharing of the Yamuna water between States is a complex and sensitive issue.
Case Title: THE STATE OF GNCT OF DELHI AND OTHERS VERSUS PRAVEEN KUMAR @ PRASHANT., 2024 LiveLaw (SC) 422
The Supreme Court held that the absence of a recommendation by an administrative enquiry to initiate a case against the public servant would bar taking cognizance of an offence of dereliction of duty against the public servant under the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 (“Act”).
Case Title: Hiten Singh Kashyap and another v. National Testing Agency and Others | Diary No. 26722 of 2024 (and connected cases)
The Supreme Court today issued notice on pleas seeking CBI investigation into the alleged instances of paper leak and malpractices in the conduct of the NEET-UG 2024 exam on May 5 this year.
The vacation bench of Justices Vikram Nath and Sandeep Mehta tagged the cases with earlier petitions raising similar issues, which are listed on July 8. While the National Testing Agency was directed to file a response within 2 weeks, other respondents (Centre) were given time till next date of hearing.
Case Title: PRACHIN SHIV MANDIR AVAM AKHADA SAMITI VS. DELHI DEVELOPMENT AUTHORITY (DDA)
The Supreme Court today (June 14) rejected the interim relief against the demolition of the Pracheen Shiv Mandir by the Delhi Development Authority (DDA). The temple is situated near the city's Geeta Colony and the Yamuna Flood Plains.
Supreme Court Dismisses 'Conman' Sukesh Chandrasekhar's Wife Leena Paulose's Plea In Extortion Case
Case Title: Leena Paulose vs State of NCT of Delhi., DIARY NO. - 26026/2024
The Supreme Court (on June 14) dismissed the petition filed Leena Paulose, the wife of alleged conman Sukesh Chandrashekhar, against the Delhi HC adjourning her bail appeal in the Rs 200-crore extortion case.
Recently, the Supreme Court imposed a cost of Rs. 10,00,000/- (Ten Lakh Rupees) on the Madhya Pradesh Government for disobeying the High Court's order and denying a valid appointment to a 'Samvida Shikshak' selected on a contract basis. The court directed the state government to recover the said amount from the erring official(s) responsible for taking deliberate, illegal, mala-fide actions to deny relief to the Shikshak.
Case Title: CHIEF ENGINEER (NH) PWD (ROADS) VERSUS M/S BSC & C and C JV
The Supreme Court held that a High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award as per Section 29A of the Arbitration & Conciliation Act 1996 (“Act”).
NEET-UG 2024 : Supreme Court Refuses To Stall Re-Test For Candidates Whose Grace Marks Were Revoked
Case Details: TANISHQ SINGH AND ORS. Versus NATIONAL TESTING AGENCY AND ORS. W.P.(C) No. 384/2024
The Supreme Court on Thursday (June 20) refused to stay the re-test scheduled on June 23 for the 1563 candidates who were granted grace marks in the NEET-UG 2024 Exam. After revoking the controversial decision to award grace marks to these candidates, the National Testing Agency gave an option of re-test to them.
Case Details: THE NATIONAL INVESTIGATION AGENCY V. MAHESH SITARAM RAUT, Crl.A. No.3048 / 2023
The Supreme Court today granted interim bail to Bhima Koregaon case accused Mahesh Raut for two weeks in order to attend ceremonies related to last rites of his grandmother.
The vacation bench of Justices Vikram Nath and SVN Bhatti granted him interim bail from June 26 to July 10. The interim bail will be subject to the terms and conditions set by the trial court. The accused has to surrender without fail on July 10, the Court clarified.
Supreme Court Refuses To Entertain New Plea Challenging CBFC Certification Of Film 'Hamare Baarah'
Case Title: Syed Ahamed Basha v. Union of India and Ors, W.P.(C) No. 386/2024
The Supreme Court today dismissed as withdrawn a plea regarding film Hamare Baarah, which is alleged to be derogatory towards the Islamic faith and married Muslim women in India. The petitioner was however granted liberty to file a fresh petition challenging the Bombay High Court order, which recently permitted release of the film after the makers agreed to delete certain scenes.
Case Title: NARASIMHARAJU & ORS. VERSUS THE UNION OF INDIA & ORS.
The Supreme Court refused to entertain a Writ Petition seeking direction to the Union and Karnataka Government to fill up the vacant post of the Members in the Karnataka State Administrative Tribunal (“KSAT”).
Case Title: Rudresh Negi v. The State of Uttarakhand & Ors.
The Supreme Court has issued a notice in a plea challenging the government order issued by the Uttarakhand Government denying the grant of a No-Objection Certificate ("NOC") to the medical teachers who sought employment outside the State of Uttarakhand. The government order stated that the NOC would be provided to faculty only when employment was sought at other medical colleges within the state.
Doctrine Of Merger Not Universal In Application, Article 142 Powers An Exception: Supreme Court
Case Title: Government of NCT of Delhi & Anr. v. M/s BSK Realtors LLP & Anr. (and connected matters)
While ruling in favor of the Delhi government and its entities in a batch of land acquisition cases, the Supreme Court recently observed that the doctrine of merger is not of universal application and powers under Article 142 of the Constitution shall be deemed as an exception thereto as well as to the rule of stare decisis.
Case Details: Haryana Staff Selection Commission and Ors. v. Sukriti Malik, SLP(C) No. 13275-13277/2024
The Supreme Court on Monday (June 24) dismissed a petition filed by the Haryana Staff Selection Commission (SSC) against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria.
Case Details: KASTHURIPANDIAN S VS. RBL BANK LIMITED DIARY NO. - 23680/2024
The Supreme Court today (June 24) observed that transfer of a case for the offence of dishonour of cheque under S. 138 of the Negotiable Instruments Act 1881 cannot be sought at the instance of the accused.
Case Details: BIJAY KETAN SAHOO VS. ENFORCEMENT DIRECTORATE DIARY NO. - 23039/2024
The Supreme Court today (June 24) granted interim protection from arrest to Odisha Administrative Service (OAS) Officer Bijaya Ketan Sahoo accused of money laundering in connection with a disproportionate assets case. The Court directed Sahoo to appear before the Special Court within two weeks and furnish his bail bonds.
Case Title: KUNDAN KUMAR VERSUS STATE OF JHARKHAND
In a plea for the grant of anticipatory bail preferred by a CRPF personnel against whom an investigation has been pending for ten years, the Supreme Court granted interim protection to the personnel and stayed his arrest.
Case Details: AJAI RAI VS. STATE OF U.P. DIARY NO. - 26206/2024 & Connected Matters
The Supreme Court issued notice to the State of Uttar Pradesh on the petition filed by UP Congress President Ajay Rai for quashing the criminal trial against him under offences of the UP Gangsters and Anti-Social Activities (Prevention) Act 1986. The Court also ssued notice on his stay application.
Case Details: Arvind Kejriwal v. Enforcement Directorate | Diary No.27685/2024
Delhi Chief Minister Arvind Kejriwal on Wednesday (June 26) withdrew the petition filed in the Supreme Court challenging the June 21 order passed by the Delhi High Court staying the operation of the trial court's June 20 order granting him bail in the money laundering case connected with the alleged Delhi liquor policy.
Case Details : CHETAN PRABHASHANKAR JOSHI VS. BOARD OF DIRECTORS OF PEGASUS ASSETS RECONSTRUCTION PRIVATE LIMITED W.P.(C) No. 000391 / 2024
The Supreme Court on Wednesday (June 26) declined to issue notice in a petition filed by a Company Director challenging the validity of the condition of 50% pre-deposit for an appeal to DRAT (Debt Recovery Appellate Tribunal) under S. 18 of the SARFAESI Act.
News Update
The Supreme Court has reconstituted its Gender Sensitisation and Internal Complaints Committee through its office order dated May 31. Justice Hima Kohli has been nominated as a chairperson, and Justice B.V. Nagarathna is one of the members. Further, Additional Registrar Dr. Sukhda Pritam, is the member-secretary.
NEET-UG 2024 : Another Petition In Supreme Court Seeks NEET Re-Exam Over Alleged Paper Leak
Raising allegations of leaking of the question paper of the National Eligibility cum Entrance Test-Under Graduate( (NEET-UG) 2024 exam held on May 5, another writ petition has been filed in the Supreme Court seeking a re-conduct of the exam.
Case Title: SUVENDU DEY VS. ELECTION COMMISSION OF INDIA., DIARY NO. - 19472/2023
The Election Commission of India submitted to the Supreme Court in a sealed cover the schedule for holding a bye-election for the Manicktala Assembly Constituency in the West Bengal Legislative Assembly.
Alleging widespread discrepancies in the recently declared results of the National Entrance cum Eligibility Test (NEET) for the Under Graduate medical course admissions, a petition has been filed in the Supreme Court to recall the NEET-UG 2024 results & the conduct of a fresh examination.
Case Details: JARIPITI KARTHEEK Vs. NATIONAL TESTING AGENCY (NTA) AND OTHERS Diary Number 26446 / 2024 .
A writ petition has been filed in the Supreme Court challenging the decision of the National Testing Agency(NTA) to grant grace marks to students in the National Entrance cum Eligibility Test(NEET) held this year for admissions to the Under Graduate medical courses.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024
The Supreme Court adjourned the hearing of Delhi Government's petition regarding the water crisis after noting that the defects in the petition copy have not been cured.
Supreme Court Refuses To Quash Charges Against Karnataka MLA Vinay Kulkarni For BJP Worker's Murder
Case Details: VINAY RAJASHEKARAPPA KULKARNI VS. CENTRAL BUREAU OF INVESTIGATION
The Supreme Court refused to set aside the criminal charges against the Karnataka MLA Vinay Rajashekarappa Kulkarni.
MLA Kulkarni of the Congress party was accused of a murder conspiracy of a BJP worker that took place in 2016. The bench of Justices PV Sanjay Kumar and Augustine Masih dismissed the Special Leave Petition filed by the MLA against the Karnataka High Court Order which upheld the charges framed by the Special Court against Kulkarni and 20 others.
Case: Shivangi Mishra and others v. National Testing Agency and others | DIARY NO. - 25656/2024
The Supreme Court on Tuesday (June 11) issued notice to the Centre and the National Testing Agency on a petition seeking the cancellation of the National Entrance-cum-Eligibility Test (NEET) exam held this year for the Under-Graduate(UG) Medical courses over an alleged paper leak.
'Infructuous' : Supreme Court Dismisses Petitions Alleging Discrepancies In NEET-PG 2022 Scores
Case Details : Pritish Kumar v NBE] W.P.(C) No. 591/2022
The Supreme Court dismissed the petitions challenging the alleged discrepancies and seeking disclosure of answer keys and answer sheets of the NEET-PG 2022 Exam.
Case Title: MADHUSUDAN & ORS. VERSUS THE STATE OF MADHYA PRADESH
The Supreme Court held that in the event of an alteration of charges, an opportunity must be provided to the parties to recall or re-examine witnesses in reference to such altered charges, and the reasons for the alteration of charges must be recorded in the judgment.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024
The Supreme Court (on May 12), raised serious concerns regarding the loss of water in Delhi due to several factors like Tanker mafia. The court asked the Delhi Government if any action has been taken against the same.
NEET-UG 2024 : Physics Wallah CEO Moves Supreme Court Challenging Grant Of Grace Marks By NTA
Case Details: Alakh Pandey v. National Testing Agency and others | Diary No.26433/2024
Alakh Pandey, the CEO of the educational technology company Physics Wallah, has approached the Supreme Court challenging the decision of the National Testing Agency (NTA) to award grace marks to several candidates who attended the National Entrance-cum-Eligibility Test(NEET) for the Under Graduate (UG) medical admissions this year.
Case Details: Abdullah Mohammed Faiz and Anr. v. National Testing Agency (NTA) and Ors., W.P.(C) No. 369/2024
In relation to the NEET-UG 2024 controversy, the Centre on Thursday (June 13) informed the Supreme Court that a decision has been taken to cancel the grace marks awarded to 1563 students. These 1563 candidates will be informed of their actual scores (without the grace marks) and will be given the option to appear for a re-test, the counsel appearing for the Union Government informed the Supreme Court today. If those students do not wish to take the re-test, their scores based on the exam held on May 5 will be taken into account.
Case Details: Hiten Singh Kashyap and another vs.National Testing Agency and others | Diary No. 26722 of 2024
A writ petition filed by NEET-UG candidates in the Supreme Court seeks a CBI investigation into the alleged instances of paper leak and malpractices in the conduct of the NEET-UG 2024 exam on May 5 this year.
Apart from the issue of alleged mass-scale paper leaks, the petitioners have raised the allegation of exam centre manipulations in the NEET-UG exam.
Case Details: National Testing Agency v. Adarsh Raj Gupta, Diary No. 26869-2024
The Supreme Court on Friday (June 14) issued notice on a transfer petition filed by the National Testing Agency (NTA) seeking to transfer to the Top Court a petition filed before the Delhi High Court alleging paper leak and irregularities in the conduct of NEET-UG exam on May 5, 2024.
Will Ensure Safety Of Hoardings Near Mumbai Railway Lines : Railways Tells Supreme Court
Case Details: MUNICIPAL CORPORATION OF GREATER MUMBAI V. JAGMOHAN CHANDRABHAN GUPTA(DEAD) THROUGH LRS., C.A. No. 6367/2024
The railways undertook before the Supreme Court on Friday (June 14) to ensure that no collapse of hoardings in the central and western railway lines of Mumbai will happen during the Monsoon rainy seasons.
The development happened after the Court raised a concern last week about the safety of hoardings in the light of the Ghatkopar hoarding collapse incident.
Case Details: AARSH SAMIR VYAS VS. NATIONAL TESTING AGENCY DIARY NO. - 26882/2024
In a recent development in the ongoing NEET-UG 2024 Results controversy, another petition has been filed in the Supreme Court seeking a complete re-evaluation of all OMR answer sheets, re-ranking of candidates and a court-monitored enquiry.
Case Details: NITIN VIJAY VS. NATIONAL TESTING AGENCY W.P.(C) No. 000373 / 2024
The Supreme Court today (June 18) told the Union Government and the National Testing Agency (NTA) to ensure that even '0.001% negligence' in conducting the NEET-UG 2024 exams be looked into with all seriousness considering the immense labour that the candidates have put in for preparing the nationwide examination.
Is Revision Under S.397 CrPC Maintainable Against Default Bail Order? Supreme Court To Consider
Case Title: AMARJEET SINGH DHILLON VS. STATE NCT OF DELHI, SLP(Crl) No. 007983 - / 2024
The Supreme Court is set to consider an important question of law of whether a revision under Section 397 of the Code of Criminal Procedure, 1973, would be maintainable against an order granting default bail to the accused under Section 167(2) Cr.P.C.
Case Details: TANMAYA SHARMA and others vs NATIONAL TESTING AGENCY W.P.(C) No. 383/2024, ELEAZER VINCENT LYNGDOH AND ORS. Versus NATIONAL TESTING AGENCY (NTA) AND ORS. W.P.(C) No. 381/2024, M/S SORTING HAT SOLUTIONS PRIVATE LIMITED VS. UNION OF INDIA DIARY NO. - 26579/2024 and Other Similar Matters
In relation to the NEET-UG 2024 controversy, the Supreme Court on Thursday (June 20) reiterated that it was not staying the counselling process. "We are not staying the counselling," a vacation bench comprising Justices Vikram Nath and SVN Bhatti said.
Case Title: SAMAIRA KALRA VERSUS NATIONAL TESTING AGENCY, Diary No. 27311-2024
The Supreme Court issued notice in a plea which raised the allegation that one of the questions framed by the National Testing Agency(NTA) for the NEET-UG 2024 exam held on May 5 this year was "ambiguous" as it had two correct options.
Case Title: SRIKAR TALLURI Versus NATIONAL TESTING AGENCY AND ORS., Diary No. 27511-2024
In a plea filed by a NEET-UG 2024 candidate afflicted with hyperhidrosis, the Supreme Court today directed the National Testing Agency to take a decision on his request to appear in the re-test scheduled for June 23 and instructed that the decision be informed to the petitioner-candidate by 4 PM today itself.
Case Title: Sukanya vs. National Board of Examination and others | WP(c) 385/2024
A doctor appearing for admission to the post-graduate medical courses through the National Eligibility cum Entrance Test (NEET) has approached the Supreme Court challenging the refusal of the National Board of Examination (NBE) to provide access to the question paper, answer key and the answer papers of the NEET-PG examination.
Arvind Kejriwal Approaches Supreme Court Against Delhi High Court's Stay On His Bail
Delhi Chief Minister Arvind Kejriwal has filed a petition in the Supreme Court challenging the Delhi High Court's interim order staying the order granting him bail in the liquor policy case.
NEET-UG 2024 : Plea In Supreme Court Seeks ED Investigation Into Exam Irregularities
Some petitioners in the NEET-UG case have filed an application in the Supreme Court seeking an investigation by the Enforcement Directorate into the alleged irregularities in the NEET-UG 2024 exam.
ED should take up the matter to bring the accused under the Prevention of Money Laundering Act, they urged.
“The Enforcement Directorate is duty bound to take cognizance of the matter, investigate and secure punishment,” the applicants stated.
Case Details: Arvind Kejriwal v. Enforcement Directorate | Diary No.27685/2024
The Supreme Court on Monday (June 24) orally commented that the Delhi High Court's approach to reserve order on the Enforcement Directorate's stay application against Arvind Kejriwal's bail was "a bit unusual."
The Court commented that in the usual course, stay orders are passed "on the spot" immediately after the hearing and are not reserved.
Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024
The Supreme Court on Monday (June 24) asked the Delhi Development Authority (DDA) if the illegal cutting of trees in Delhi's ridge forest was carried out based on the direction issued by the Lieutenant Governor of Delhi.
Case Title: SATYENDAR KUMAR JAIN v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 8228/2024
Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party (AAP) leader Satyendar Jain without delay.
Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/202
The Delhi Development Authority (DDA) came under the fire of the Supreme Court for not giving information regarding the visit of Delhi Lieutenant Governor V K Saxena at the site where trees were cut in violation of the orders of the Court.
Case Details: M.P. HIGH COURT BAR ASSOCIATION v. THE STATE OF MADHYA PRADESH AND ORS_ SLP(C) No. 13331/2024
The Supreme Court today (June 26) issued notice in a plea challenging the Madhya Pradesh High Court's order refusing to entertain a Writ Petition against disconnection of the Bar Association's electricity supply. Additionally, the petition, filed by the High Court Advocates Bar Association, Jabalpur, and M.P. High Court Bar Association, also sought to stay the bill recovery.
Case Details: Intervention application filed in Abdullah Mohammed Faiz and Anr. v. National Testing Agency (NTA) and Ors., W.P.(C) No. 369/2024
In relation to the NEET-UG 2024 controversy, two students who appeared for the exam have filed an intervention application opposing the reconducting of 2024 examination.
Applicants/Interveners Ms Kritika Garg and Ms Priyanjali Garg have argued that students who have prepared for years should not be subjected to the ordeal of rewriting the examination. They said that this would not only be “unfair” to the majority of students but also result in hardship to their families.
Case details: Xylem Learning Vs NTA., W.P.(C) No. 389/2024
In a petition filed by Xylem Learning Private Limited in relation to NEET-UG 2024, the Supreme Court today (on June 27) has sought NTA's response on the time limit for raising the grievance regarding the OMR sheets. The petition, among others, raised concerns about the grant of OMR sheets to the students who appeared for the exam.
Case Details: Anjale Patel and another v. Union of India
A petition seeking issuance of specific directions to immediately constitute an expert committee for assessing and identifying the viability of the three new criminal laws has been filed before the Supreme Court.
In addition, the petition filed by AOR Kunwar Sidharth has also prayed to the Court for a stay on the operation and implementation of three new criminal laws.
Case Details: UDAY BHAN SINGH@DOCTOR SINGH Versus DEEPAK KUMAR CONMT.PET.(C) No. 544/2024 in W.P.(Crl.) No. 11/2024
Supreme Court extended the interim bail of BSP Leader and Former MLA Uday Bhan Singh who was convicted in a 1999 murder case. The Court also issued notice to his contempt petition alleging inaction by the State Authorities against the order directing his premature release.
In another development pertaining to NEET-UG 2024 controversy, National Testing Agency has filed its affidavit stating that the instances of alleged malpractice are confined to centers in two cities i.e., Patna and Godhra. Thus, in view of that, the testing agency has asserted that if the entire examination is cancelled then it would be “highly detrimental to larger public interest” of lakhs of students who gave their exam.
Notably, the testing agency has also submitted that alleged malpractices have neither impacted “sanctity” of the exam nor have provided any “undue benefit” to the stendents who appeared from their exams in these centres.
“The performance chart of the students at the said centers reveals that the performance of the students at these centers is neither abnormally high nor significantly different from the national average of performance of the remaining centers at different places in the country. The data so prepared also shows that the students from the concerned center have not scored such marks which would make them eligible or entitle them for admission to the medical colleges of primary importance.,” the affidavit said.
Elaborating on the action taken, it has been submitted that in the case of Patna center the modus operandi adopted was to sneak one copy of the question papers This copy was allegedly used to facilitate malpractices by solving the questions and providing the answers to the candidates involved. However, it has been also highlighted that the number of such candidates who have allegedly been benefitted appears to be “miniscule”.
Coming to the paper leak in the Godhra center, it has been argued that the same was seemingly engineered by one Deputy Superintendent of examination namely Mr. Tushar Bhatt. Allegedly, he had conspired with some of the students to help them by filling their OMR sheets after the completion of their examination. However, as per the agency, the officials addressed this issue in advance and the accused was timely arrested.
“As in the case of Godhra instance, the investigation in respect of this incident which was initially conducted by the local police, has also been assigned to CBI, the premier investigation agency at the central level. A few arrests also appear to have already been made and some of the identified students who were supposed to be beneficiaries of the malpractice have also been arrested along with the masterminds of the offence.,” the affidavit added.
Adding to this, NTA also submitted that Central Bureau of Investigation (CBI) has already undertaken investigation into alleged malpractices and conclusive opinion about any systematic failure can be arrived only after that.
“It is submitted that as part of various steps taken by the Union of India, investigation by the Central Bureau of Investigation (CBI) into alleged malpractices in NEET (UG) - 2024, is underway. It is submitted that any conclusive opinion as to whether there was systematic failure or not can be made out only after a comprehensive consideration of all relevant factors, which are explained herein below. It is submitted that if the entire examination process is cancelled without their being any tangible factors warranting such actions it would be highly detrimental to larger public interest involving the academic career of lakhs of students who have attempted the exam without any wrongdoing…”
Highlighting the steps taken by the agency to ensure that the exam was carried out fairly and with due confidentiality without any illegal practices, it is submitted that the present exam has not suffered “systematic failure.”
“8. Considering the sensitivity involved in the high-stake examination like NEET (UG) - 2024, verification of the candidates at the exam centers was carried out through Aadhaar authentication, with a view to curb malpractices, such as, impersonation.,” the pea added.
The affidavit has also driven its strength from the case of Sachin Kumar & Ors Vs DSSSB &Ors, (2021) 4 SCC 631., wherein the Top Court had held:
“Where a recourse to unfair means has taken place on a systemic scale, it may be difficult to segregate the tainted from the untainted participants in the process. Large-scale irregularities including those which have the effect of denying equal access to similarly circumstanced candidates are suggestive of a malaise which has eroded the credibility of the process In such a case, it may well be possible to segregate persons who are guilty of wrongdoing from others who have adhered to the rules and to exclude the former from the process. In such a case, those who are innocent of wrongdoing should not pay a price for those who are actually found to be involved in irregularities. By segregating the wrongdoers, the selection of the untainted candidates can be allowed to pass muster by taking the selection process to its logical conclusion.”
Earlier today, the Union Government had also filed an affidavit in the Supreme Court opposing the cancellation of the NEET-UG 2024 exam, saying that it is not rational to scrap the entire exam in the absence of any proof of large-scale breach of confidentiality.
"Scrapping the exam in its entirety would seriously jeopardise the lakhs of honest candidates who attempted the question paper in 2024," stated the affidavit filed by the Union Ministry of Education ahead of the Supreme Court hearing scheduled on July 8.
NTA's affidavit has been filed in the case of affidavit is filed in the case of Vanshika Yadav v. UOI. Therein, the petition had prayed the Court that NEET UG exams should be conducted afresh in light of the alleged malpractices and paper leak of the exam.
Though the bench led by Chief Justice of India DY Chandrachud issued notice on that petition and posted the matter in July, the bench stated that the results of the exams held on a pan-India basis cannot be stayed.
