logo
Orissa HC rejects AIIMS Bhubaneswar faculty body's recognition plea

Orissa HC rejects AIIMS Bhubaneswar faculty body's recognition plea

CUTTACK: The Orissa High Court has declined to entertain a petition filed by the Faculty Association of AIIMS-Bhubaneswar (FAIIMS), seeking quashing of an order by the executive director treating it as unrecognised organisation, and restoration of its status under the Central Civil Services (Recognition of Service Associations) Rules, 1993.
The single judge bench of Justice SK Panigrahi observed that FAIIMS was never formally recognised in accordance with the CCS (RSA) Rules, 1993 and has no legal or statutory right to claim the status. 'No enforceable right of the petitioner has been infringed so as to warrant the intervention of this court.
The appropriate course for the petitioner, if it desires official recognition, is to comply with the requisite conditions and pursue recognition through the proper statutory procedure, not to seek short-circuit through judicial fiat,' Justice Panigrahi said.
He directed FAIIMS to apply to the central government with all documents seeking formal recognition and the latter shall take steps to formally recognize the association within one month from the date of submission of the application.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Lord Krishna post: Madurai Bench of Madras HC rejects closure report, orders probe
Lord Krishna post: Madurai Bench of Madras HC rejects closure report, orders probe

New Indian Express

time21 minutes ago

  • New Indian Express

Lord Krishna post: Madurai Bench of Madras HC rejects closure report, orders probe

MADURAI: The state government must ensure that freedom of expression does not translate into hurting religious feelings, the Madurai Bench of the Madras High Court observed and set aside the 'mechanical' closure of investigation in a case registered by Thoothukudi police in 2022 over a social media post which depicted Hindu god Krishna in a derogatory manner. Justice K Murali Shankar, who made the observation recently, directed the police to conduct investigation in a diligent manner and complete it within three months. The direction was issued on a petition filed by P Paramasivan, challenging an order passed by Judicial Magistrate IV of Thoothukudi accepting the final report filed by police in March this year. According to the petitioner, a social media user Sathish Kumar had posted a derogatory photograph and comment on Facebook about the Hindu god Krishna which not only hurt his religious sentiments but also posed a risk of causing law and order problem and enmity between two groups. Paramasivan lodged a complaint, and police registered an FIR and sent a letter to the social media platform seeking details about the account and its owner. However, despite the fact that the account itself contained personal details and pictures of the account holder, police closed the case as 'undetected', citing the company's refusal to reveal the information. The magistrate also failed to consider the objections raised by him against the said final report, Paramasivan said and sought the court's intervention. Justice Shankar observed that the prosecution has not explained why it did not verify the accuracy of the account holder's personal details, which were available in the account. 'Depicting Hindu gods in a disrespectful manner, intentionally hurting the sentiments of millions, cannot be justified. Such actions have the potential to spark enmity, religious outrage, social disorder, and undermine communal harmony. The government must ensure that freedom of expression does not translate into hurting religious feelings,' the judge added.

Madurai Bench of Madras HC tells government to decentralise access to court case monitoring system
Madurai Bench of Madras HC tells government to decentralise access to court case monitoring system

New Indian Express

time21 minutes ago

  • New Indian Express

Madurai Bench of Madras HC tells government to decentralise access to court case monitoring system

MADURAI: The Madurai Bench of the Madras High Court has directed the home secretary, government of Tamil Nadu to decentralise access to the Court Case Monitoring System (CCMS) for effective tracking of cases involving government entities. Justice B Pugalendhi gave the direction recently following an incident in which two sub inspectors of police inadvertently gave wrong information to the court in a financial fraud case in Karur. The judge observed that if the investigation officer had himself provided the information to the government advocate virtually, such a mistake could have been avoided. Upon hearing that digital platform CCMS has been introduced by the government to monitor and coordinate the handling of all categories of court cases involving the government, the judge suggested the HC registry to assign unique department codes or identifiers to cases, corresponding to the names of the government departments, so that when officials log into the portal, only cases relating to their departments are visible to them. When it was told that CCMS is currently available only in the secretariat, the judge directed the home secretary to decentralise the CCMS platform at all levels, so that real-time case data can be accessed by all officials, without the need for their physical appearance in courts. The matter was posted on August 29.

‘Nothing is perfect, need to evolve better system to replace Collegium: Justice Oka
‘Nothing is perfect, need to evolve better system to replace Collegium: Justice Oka

Indian Express

time6 hours ago

  • Indian Express

‘Nothing is perfect, need to evolve better system to replace Collegium: Justice Oka

Justice (retired) Abhay S Oka, former Supreme Court judge, on Friday said while some people may have a view that the Collegium system for appointment of judges is 'wrong', a better system has to be evolved as 'no system can be perfect'. The Collegium of senior-most SC judges makes recommendations to the central government for appointment of judges to High Courts and SC. Justice Oka, who retired as an SC judge on May 24 this year, was part of the SC Collegium for the last six months of his tenure. On Friday evening, he was speaking on 'Holding the Government to Account: The Role of an Independent Judiciary and a Free Press' at Mumbai Press Club. 'Somebody may say that the Collegium system is wrong. But we have to evolve a better system to replace the existing Collegium system. No system can be perfect. Every system will have its flaws. Judiciary has its flaws. Executive has its flaws. So, we have to find a better system. Evolve a better system,' Justice Oka said in response to a question on 'lacunae' in the Collegium system. Responding to a question on delay in appointments of judges, Justice Oka said that it is happening after the recommendations are made by the SC Collegium. 'There are judgments in place that the government can send a name for reconsideration. And after it is reconsidered by the Collegium, then the government has to sign on the dotted line. That judgment is not being implemented.' Speaking on the issue of fundamental right of speech and expression, Justice Oka said that the judge may not like something said or written or expressed by someone through an art form. 'But as a judge, my duty is to see whether there is violation of fundamental rights and if any offence is made out. I cannot travel beyond that duty and it ends by writing a strong judgment, coming down heavily on infringement of a fundamental right under Article 19 (1) (a). As a judge, I do not have power to say what the person has expressed is right or wrong.' The media, on the other hand, can mould public opinion and reflect on whether something was right or wrong, he added. He also said that 'whether there is an emergency or no emergency, the fundamental rights of citizens are always under threat in one form or the other' and the role of judiciary and media is important in such a situation. Justice Oka further said that the right to live in a pollution-free environment is part of Article 21 (right to life and personal liberty) of the Constitution, therefore 'it is the duty of the court to ensure that the laws relating to the environment are strictly enforced.' On the debate between development and environment, Justice Oka remarked, '… laws relating to the environment must prevail. But have we done enough? There is always an attempt made by the executive to overreach the orders of the court when it comes to orders on the environment,' the former judge added. Justice Oka further highlighted the issue of undertrial prisoners languishing in jails for several years. 'We are not here to say that somebody who has committed a heinous offence should be protected or he/she should be shown leniency… but we have to also consider the rights of those who are languishing in jail,' he said. He added that the common person and the press have 'the right to offer constructive, studied criticism of judgments delivered by the court'.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store