Important Supreme Court Judgments October 4, 2019

1. Rajasthan State Road Transport Coroporation v. Danish Khan

Compassionate Appointment – The two categories of dependents i.e. dependents of employees who have died in an accident while travelling in a vehicle belonging to the Corporation and dependents of the employees who died while travelling in a vehicle not belonging to the Corporation are not similarly situated in respect of their claims. They cannot be treated as equals.

Case Number : C.A. No. 7802 of 2019 04-10-2019
Petitioner’s Advocate : Equity Lex Associates
Respondent’s Advocate : Anish R. Shah
Bench : Hon’ble Mr. Justice L. Nageswara Rao, Hon’ble Mr. Justice Hemant Gupta
Judgment By : Hon’ble Mr. Justice L. Nageswara Rao

2. Kerala State Beverages (M and M) Corp Ltd. v. P.P. Suresh

Constitution of India – Article 14 – Kerala Abkari Shops Disposal Rules, 2002 – Rules 4(2) and 9(10)(b) – Rehabilitation of Abkari workers – Displaced workers who lost employment due to the ban of arrack in the State of Kerala – Vested Right of Employment – Legitimate Expectation – Substantive Legitimate Expectation – Procedural Legitimate Expectation – Judicial Review and Proportionality – Discussed.

Case Number : C.A. No. 7804 – 7813 of 2019 04-10-2019
Bench : Hon’ble Mr. Justice L. Nageswara Rao, Hon’ble Mr. Justice Hemant Gupta
Judgment By : Hon’ble Mr. Justice L. Nageswara Rao

3. Yatinkumar Jasubhai Patel v. State of Gujarat

Medical Council Act, 1956 – Section 10D – Post Graduate Medical Education Regulations, 2000 – Gujarat University Act, 1949 – Section 39 read with Section 32 – “Institutional Preference” – National Eligibility Entrance Test (NEET) – Institutional Preference to the extent of 50% is approved and it is observed and held that introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation. Such a regulation providing 50% Institutional Preference/Reservation shall not be in any way ultra vires to Section 10D of the MCI Act. Even otherwise, as observed hereinabove, even in the case of Institutional Preference/Reservation, the admissions in the post graduate courses are to be given on the basis of the merits and marks obtained in the NEET examination result only.

Case Number : C.A. No. 7939 of 2019 04-10-2019
Petitioner’s Advocate : Gaurav Agrawal
Bench : Hon’ble Mr. Justice Arun Misra, Hon’ble Mr. Justice M.R. Shah, Hon’ble Mr. Justice B.R. Gavai
Judgment By : Hon’ble Mr. Justice M.R. Shah

4. Madhoor Buildwell Pvt. Ltd. v. Yeola Municipal Council

Town Development – Atal Mission for Rejuvenation and Urban Transformation [AMRUT] – Urban Infrastructure Development Scheme for Small and Medium Towns – Government Funds – Since there was no approval from the Finance Department, therefore, the appellant cannot claim such amount on the basis of an inter-departmental communication where the Ministry of Urban Development has sought release of funds from the Ministry of Finance.

Case Number : C.A. No. 7798 of 2019 04-10-2019
Petitioner’s Advocate : Sudhanshu S. Choudhari
Bench : Hon’ble Mr. Justice L. Nageswara Rao, Hon’ble Mr. Justice Hemant Gupta
Judgment By : Hon’ble Mr. Justice Hemant Gupta

5. C/m Kisan Inter College Manager v. The State of Uttar Pradesh

Service Law – Uttar Pradesh Secondary Education Services Commission Act, 1982 – Regularization of the Service.

Case Number : C.A. No. 7532 – 7533 of 2019 04-10-2019
Petitioner’s Advocate : Ashok Kumar Singh
Bench : Hon’ble Mr. Justice L. Nageswara Rao, Hon’ble Mr. Justice Hemant Gupta
Judgment By : Hon’ble Mr. Justice L. Nageswara Rao

6. Raj Kumar v. State of Uttar Pradesh

Prevention of Food Adulteration Act, 1954 – Section 13 (2) – If the standards are not complied with, the Court is not justified in acquitting the accused charged with adulteration only on the ground that the deficiency is marginal.

Case Number : Crl.A. No. 1541 of 2019 04-10-2019
Petitioner’s Advocate : Shantanu Bansal
Bench : Hon’ble Mr. Justice Deepak Gupta, Hon’ble Mr. Justice Aniruddha Bose
Judgment By : Hon’ble Mr. Justice Deepak Gupta