HC seeks govt replay on plea for holding students' union polls in MP
The state govt, principal secretary, commissioner of higher education, and all the universities in MP are respondents in the petition. Jabalpur-based Adnan Ansari, in his petition, prayed before the court to give directions for resuming students' union elections in the colleges and universities of the state.
The petitioner argued that despite the Lyngdoh Committee recommendation and directive of the Supreme Court giving a clear mandate for conducting students' union elections in colleges and universities, elections are not being held in the colleges and universities of the state since 2017.
However, Rs 250 is charged in the fee of students in the name of students' union elections. Despite representations given to authorities concerned, students' union elections are on hold, thereby leaving no option but to file a PIL in this regard.
Following the initial hearing, a division bench of acting chief justice Sanjeev Sachdeva and justice Vinay Saraf asked the counsel appearing for the state govt to take instructions from all the respondents in the case and file a reply. The case will now come up for hearing on Aug 5. Senior counsel Prakash Upadhyay appeared in the case for the petitioner.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
23 minutes ago
- The Hindu
political line newsletter can I change my mind
Who can give consent to sex, change their faith, shift locations, marry as they please? Paternalistic laws try to regulate all this, and create new conflicts. Two Catholic nuns were arrested by the Chhattisgarh police on charges of human trafficking and forced conversion, and later released from jail. Those who were allegedly trafficked and forcibly converted were legally adults, but the state thinks they cannot change their minds at will, and they may be forced to do things. Meanwhile, the Supreme Court is examining the question of when a girl can be considered able to give consent for sex. The Centre thinks that under no circumstances can a girl be considered as consenting to sex if she is below 18 years, even if her partner is of her age or younger, when it is a boy. One wonders how the law would understand sexual relations between two girls below 18 years — both are considered to be victims of crime as it stands today. 'Age of consent' is a decades-old question in India. Most liberal societies have rules that specify the age at which a person can give consent to sex, marry, and be prosecuted for a crime. The underlying premise is that when someone is below that age, they are not mentally equipped to make an autonomous decision. Sometimes these protections are not linked to age alone, but to whole social groups. For instance, tribespeople cannot sell their lands to non-tribals in India without state-monitored conditions. For instance, see this. There are also laws that seek to protect an Indian from leaving the borders of the country into exploitative or dangerous situations outside the jurisdiction of the Indian state. It is entirely a reasonable and legitimate concern that children and vulnerable people should be protected from dangerous ideas and mala fide actions of others. In the United States, there is an ongoing campaign against exposing kids to sexual content and gender identity questions during early school years. But what is the right way of doing this and how to avoid oppressive control over individual choices? For instance, a proposal to raise the legal age of marriage for women to 21 from the current 18 is under consideration in India. People who make a choice of changing their faith or marrying as they please do not have it easy at times — the state thinks that they may be doing it due to allurement, under duress, or deception of some sort. In order to protect them from such traps, we have anti-conversion laws, which, incidentally, have a long history that goes back much before the BJP's rise to power. In recent years, several BJP-ruled States have made laws that seek to protect women from so-called 'love jihad'. The presumption is that people are incapable of autonomous decisions. But people change their mind all the time. Some people change their minds and begin to support a different political party than they previously did. In all cases of change of mind, some external stimulation is at play, there is an allurement — the person who is being enticed to buy a KFC meal, to apply for a work visa in Australia, to switch political allegiance, and to convert to a different faith, to marry someone — all are being lured by advertisement, propaganda, or maybe just pure love. Between 2011 and 2023, 16 lakh people surrendered their Indian passports and acquired the citizenship and passport of another country. The change of mind with the least material consequence is changing one's faith — because the issues at stake when one changes faith come into play only when one is dead, and pass over to their afterlife. If a Hindu becomes a Christian, what is promised to them, eternal life, will be delivered only after they are dead. All other cases of change of mind have immediate material consequences — when an Indian goes to America, he stops paying taxes in India, for one. Staying on that thought, just to avoid paying taxes in India, thousands of people are legally residents of Dubai, a tax haven. But the law and law enforcement are harsher on someone who changes their faith or propagates it than on someone who lives in Dubai to avoid paying taxes in India or someone who consciously falls for the allurement of a foreign country and decides to formally abandon their Indian citizenship. To shield people from dangerous ideas, last week, the Jammu and Kashmir Home Department forfeited 25 books, many by prominent writers such as A.G. Noorani, Sumantra Bose, Arundhati Roy, and Ayesha Jalal. The worry is that they are 'propagating false narrative and secessionism'. The idea that people should be protected from dangerous ideas itself becomes a dangerous idea. Though these laws that deal with the mind are difficult to enforce with any semblance of objectivity, Indian courts are trying to be a step ahead of them. The Bombay High Court on July 25 dismissed a petition filed by the Communist Party of India (Marxist) and the CPI challenging the Mumbai police's decision to deny permission for a protest at Azad Maidan against the ongoing conflict in Gaza. The court observed that Indian political organisations should prioritise domestic issues over international conflicts. The Supreme Court of India recently wondered whether Leader of the Opposition in the Lok Sabha Rahul Gandhi was a 'true Indian'. Federalism Tract: Notes on Indian Diversity Trump revives an American delimitation debate U.S. President Donald Trump has revived a proposal that he could not implement during this first presidency — which is to count the citizens separately in a decadal census, and link political representation to the distribution of citizens as opposed to all residents. Census, in the U.S. and India, counts all residents, and there is no separate classification of citizens. Apportionment of representation and revenue sharing is based on the distribution of residents across the country, though only citizens can vote. During his first presidency, Mr. Trump ordered the inclusion of a question on responder's citizenship in the 2020 Census. The Supreme Court of the U.S. stalled the move. (The decadal census was carried out, though it was disrupted by the COVID-19 pandemic.) 'I have instructed our Department of Commerce to immediately begin work on a new and highly accurate CENSUS based on modern day facts and figures and, importantly, using the results and information gained from the Presidential Election of 2024. People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS,' he had posted on August 7. This will lead to a legal battle ahead of the 2030 Census as it happened ahead of the 2020 Census. The geographical configuration of constituencies can have a significant impact on electoral outcome. Republican Governor of Texas Gregg Abbot is pushing for an out of turn redistricting of House of Representatives seats in the State, hoping to counter a possible countrywide surge of Democrats in next year's midterm elections. Like in India, redistricting is supposed to be done after each decadal census. But unlike India, it can be done out of turn also in the U.S. The proposed congressional map is aimed at flipping five U.S. House seats currently held by Democrats. Karnataka and Tamil Nadu choose two-language policy The Commission for State Education Policy, headed by educationist Professor Sukhadeo Thorat, has recommended Kannada/mother tongue as the medium of instruction in primary education and a two-language policy in place of the current three-language policy in Karnataka, among its key recommendations. Tamil Nadu Chief Minister M.K. Stalin released the Tamil Nadu State Education Policy - School Education and reiterated the State's two-language policy of teaching only Tamil and English.
Time of India
25 minutes ago
- Time of India
Now the US launches sweeping investigation into Harvard patents over Bayh-Dole Act violations
Now the US launches sweeping investigation into Harvard patents worth hundreds of millions in federal research funding The US Department of Commerce has initiated a wide-ranging investigation into Harvard University's management of patents derived from federally funded research. The inquiry could potentially impact intellectual property assets valued in the hundreds of millions of dollars and marks a significant development in the ongoing dispute between Harvard and the Trump administration. On a Friday, US Commerce Secretary Howard W. Lutnick sent a two-page letter to Harvard President Alan M. Garber, publicly posted on X, announcing an "immediate comprehensive review" of the university's compliance with the Bayh-Dole Act—a 1980 federal law governing inventions developed with federal research funding. The move comes amid a months-long confrontation between the White House and Harvard over multiple allegations of misconduct. Focus on federal compliance and patent disclosures According to the letter, as reported by The Harvard Crimson, Lutnick accused Harvard of failing to meet key federal obligations under the Bayh-Dole Act. These include timely disclosure of inventions developed with federal support, ensuring substantial US-based manufacturing for licensed technologies, and prioritising public benefit in the commercialisation process. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like She's 75 and Retiring - Her Handcrafted Jewelry Is 80% OFF Artisan Weekly Read More Undo Lutnick has directed the university to submit a detailed list of all patents associated with federal funding by September 5. The requested data includes disclosure dates, current use, and the full licensing terms of each patent. The Commerce Department did not name any specific patents suspected of violating federal laws. "The Department places immense value on the groundbreaking scientific and technological advancements that emerge from the Government's partnerships with institutions like Harvard," Lutnick wrote, as quoted by The Harvard Crimson. "However, this privilege carries with it a critical responsibility." Harvard's extensive patent and licensing portfolio under scrutiny As of July 1, 2024, Harvard held over 58,000 patents and maintained more than 900 active technology licences with industry partners, according to the Harvard Office of Technology Development. These agreements play a central role in the university's collaborations across biotechnology, pharmaceuticals, and medical devices. W hile Lutnick's letter focuses on patents developed through government-funded research, The Harvard Crimson notes that the university has also received $300 million in research funding from private companies over the past five years. By comparison, Harvard received $684 million in federal funding in the 2024 fiscal year, although access to such grants has been largely frozen under the Trump administration. Ongoing White House campaign against Harvard The investigation follows a series of actions by the White House targeting Harvard since April. These include suspending over $2 billion in federal research funding and accusing the university of failing to disclose financial information, colluding with other Ivy League institutions on financial aid, and allegedly training Chinese Communist Party officials. In June, President Trump claimed settlement negotiations were underway between Harvard and the administration. However, The Harvard Crimson reported that Garber dismissed speculation that the university was considering a $500 million payment. Talks remain unresolved. Patent law provisions and possible government actions Under the Bayh-Dole Act, federal agencies hold "march-in rights" allowing them to reclaim ownership of federally funded inventions if the patent holder fails to comply with legal obligations. According to The Harvard Crimson, this marks the first instance in which the US government has invoked these powers as leverage in an enforcement action against a university. If Harvard is found noncompliant, the government may seize patent titles or issue third-party licences, significantly affecting the university's control over its intellectual property assets. TOI Education is on WhatsApp now. Follow us here . Ready to navigate global policies? Secure your overseas future. Get expert guidance now!
Hindustan Times
an hour ago
- Hindustan Times
SC stays operation of UP govt's Banke Bihari temple ordinance, forms panel led by ex-HC judge
The Supreme Court has stayed the operation of Uttar Pradesh government's Banke Bihari temple trust ordinance, which rests administrative control of the shrine with the state, till the high court decides its validity. The bench, however, clarified that its interim direction will not preclude the state from ratification of the Ordinance in the state assembly.(HT Photo) A bench of Justices Surya Kant and Joymalya Bagchi refused to entertain the challenges made to the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, and said the affected parties can approach the high court. "At this stage, we are reminded of the fact that the petitioners' challenge to the Ordinance will doubtlessly take some time in proper adjudication. We, therefore, deem it fit to stay operation of the Ordinance's provisions in the interregnum, only to the extent they grant the state powers to constitute a Trust for managing the temple's affairs," the bench directed. The top court said consequently, the constitution of the Shree Bankey Bihar Ji Temple Trust, as defined in Section 3 of the Ordinance and its composition, as contained in Section 5, shall be kept in abeyance till the question of validity of the Ordinance (or any Act in relation thereto subsequently passed by the state legislature), is finally resolved by the high court. The bench, however, clarified that its interim direction will not preclude the state from ratification of the Ordinance in the state assembly, but such an exercise will be subject to the outcome of the proceedings for which the affected persons and the petitioners have been relegated to the high court. The top court in its detailed order uploaded on Saturday also constituted a 12-member high-powered committee headed by retired Allahabad High Court judge Ashok Kumar to look after the day-to-day affairs of the iconic temple. It said, "We are equally mindful that the sum of our directions shall effectively leave the management of the subject temple in limbo yet again, since the ad-hoc arrangement of temple management has been wholly ineffective and inefficient in discharging its duties over the years. "We are pained to observe that the previous administerial deadlock(s) and in-fighting have only worsened the problems plaguing the temple, causing much distress to the pilgrims – who are left without any amenities or redress." The bench said the material on record indicates that despite the substantial donations received by the temple running into hundreds of crores, no tangible steps appear to have been taken by the successive managements for providing essential facilities to the scores of devotees visiting the temple, and the Goswami Shebaits remain divided into factions and continue to litigate before the civil courts, further contributing to administrative inaction. "We are, therefore, satisfied that a high-powered managing committee headed by an impartial person with considerable experience and ability is required to be constituted to run the day-to-day affairs of the temple, apart from undertaking some of the initiatives, which we are illustratively mentioning in the latter part of this order. "There is no gainsaying that the sanctity of safe religious pilgrimage shall never be unjustly denied to all the citizens of this country," the top court said. It also lauded the state government for taking a "fair stand" over the constitution of the committee for the management of the affairs of the temple, and said the panel may deal with a variety of issues for the proper functioning of the temple, including the provision of essential amenities for the devotees. The top court also modified its May 15 order, which gave the go-ahead to the state's scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura, and allowed the government to use temple fund to acquire five acres of land for developing it as a holding area for the devotees. "It seems to us that the order passed by a coordinate bench requires certain modifications/clarifications. That order purportedly directs for the redevelopment of the temple's vicinity through the employment of temple funds. "However, we find that such directions suffer from a foundational procedural infirmity -- the principal affected parties, including the Shebait Goswamis, who have been administering the temple, were not heard prior to the passing of the said order," it said. The bench further said to allow substantive directions on a matter of such significance to be issued in collateral proceedings, especially in absentia of the necessary stakeholders, may not be in conformity with procedural fairness and judicial best-practices. "That apart, we note that the high court, vide its judgment dated November 8, 2023, had expressly declined the state's prayer to utilise temple funds for land acquisition as part of the proposed redevelopment plan. "That judgment has attained finality, having never been assailed by the state in any appropriate appellate proceedings. In these circumstances, this court could not have, in exercise of its civil appellate jurisdiction, effectively set aside the high court's judgment without any formal appeal or challenge being placed before it," the top court said. While directing for modification of the May 15 order, the bench ordered for restoring the legal position to status quo ante.
