Tag: Equality Before Law

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community
4Jan By The Legal ChamberNo Comments
Supreme Court

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...
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Supreme Court Quashes Chhattisgarh’s Tender Rule, Upholds “Level Playing Field” for Businesses
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Chhattisgarh’s Tender Rule, Upholds “Level Playing Field” for Businesses

The Supreme Court struck down a tender condition requiring prior supply experience within Chhattisgarh as violative of Articles 14 and 19(1)(g) of the Constitution. The condition was held arbitrary for creating an artificial barrier, restricting competition, and offending the doctrine of a level playing field without a rational nexus to the tender's object. Facts Of The Case: The appellant, Vinishma Technologies Pvt. Ltd., a company with experience supplying Sports Kits to various other states, challenged specific eligibility conditions in three tender notices issued by the State of Chhattisgarh for the supply of Sports Kits to government schools. The company was aggrieved by condition no. 4, which required bidders to have supplied sports goods worth at least Rs. 6.00 crores to Sta...
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Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute

The Supreme Court disposed of appeals challenging the constitutional validity of the Telangana State Judicial Service Rules, 2023. While keeping all legal questions open, it granted a one-time exception, directing the High Court to declare results and appoint the qualified appellants without treating the order as a precedent, thereby resolving the immediate recruitment impasse. Facts Of The Case: The case originated from a recruitment process for District Judges in Telangana. The appellants, advocates, had applied in April 2023 under the then-existing rules. However, in June 2023, the state introduced new rules, the Telangana State Judicial Service Rules, 2023. A key provision, Rule 5(5.1)(a), restricted eligibility to advocates who had been practicing specifically in the High Court of T...
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Supreme Court Slams Special Treatment, Orders Joint Trial for All Accused in Nuh Violence Case
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Special Treatment, Orders Joint Trial for All Accused in Nuh Violence Case

The Supreme Court held that segregating the trial of an accused solely based on their status as an MLA is legally unsustainable. Such an order violates the statutory scheme for joint trials under Sections 218-223 CrPC when offences arise from the same transaction and common evidence. It also infringes upon the fundamental rights to equality under Article 14 and a fair trial under Article 21 of the Constitution. The direction for a separate charge sheet was also quashed as it exceeds the court's jurisdiction. Facts Of The Case: The case originated from two FIRs (Nos. 149 and 150 of 2023) registered at Police Station Nagina, District Nuh, concerning large-scale communal violence that occurred on July 31, 2023. The appellant, Mamman Khan, a sitting Member of the Legislative Assembly (MLA) f...
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Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation
16Oct By The Legal ChamberNo Comments
Supreme Court

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

The Supreme Court held that successful completion of prescribed training, including passing the requisite written test, is a mandatory condition precedent for confirmation in service for direct recruits to Group 'C' non-gazetted railway posts. Failure to clear this training examination validly entitles the employer to terminate services, as it is a fundamental term of recruitment governed by the Master Circular. Facts Of The Case: The case involved Alok Kumar, who was provisionally appointed as a Senior Section Engineer (Trainee) in the Railways after clearing a recruitment examination. His appointment was conditional on the successful completion of a 52-week training program. After 46 weeks of field training, he was sent, along with other trainees, to a three-week General and Subsidiary...
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Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats
6Oct By The Legal ChamberNo Comments
Supreme Court

Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats

The Supreme Court upheld the constitutional validity of Telangana's rules defining 'local candidates' for medical admissions. It ruled that the classification, based on consecutive years of study/residence within the state, is not arbitrary and falls within the legislative competence under Article 371D, Entry 25 of List III, and the relevant Presidential Order. Facts Of The Case: The case originated from challenges to the Telangana Medical & Dental Colleges Admission Rules, 2017, and their 2024 amendment, which defined 'local candidates' eligible for 85% state quota seats. The definition required candidates to have studied in educational institutions within the state for four consecutive years ending with the qualifying examination, or to have resided there for the same period if not...
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Supreme Court’s Landmark Ruling: No Special Treatment for Celebrities in Bail Matters
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling: No Special Treatment for Celebrities in Bail Matters

The Supreme Court cancelled the bail granted by the High Court, holding that the order was perverse and suffered from non-application of mind to material facts, including the gravity of the offence and prima facie evidence. The Court reiterated that bail in serious offences like murder requires careful consideration of the allegations, evidence, and risk of witness tampering, and cannot be granted mechanically. Facts Of The Case: The case arose from the brutal murder of Renukaswamy, a resident of Chitradurga, whose body was discovered near an apartment in Bengaluru on June 9, 2024. The prosecution alleged that the murder was a result of a criminal conspiracy orchestrated by actor Darshan (A2) and his partner, Pavithra Gowda (A1), after the deceased had sent obscene messages to A1's Insta...
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Supreme Court’s Big Equality Ruling :Army Can’t Restrict Women’s Numbers After Allowing Them In
12Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Big Equality Ruling :Army Can’t Restrict Women’s Numbers After Allowing Them In

This Supreme Court judgment holds that once the Central Government permits women's induction into the JAG branch via notification under Section 12 of the Army Act, 1950, it cannot subsequently impose gender-based restrictions through administrative policies. Any such limitation violates Article 14, 15, and 16 of the Constitution, as it constitutes indirect discrimination and exceeds the permissible scope of exceptions under Article 33. Facts Of The Case: The petitioners, two female candidates who secured the 4th and 5th ranks in the women's merit list for the Judge Advocate General (JAG) branch's 31st Course, challenged a recruitment notification dated 18th January 2023. The notification prescribed six vacancies for male candidates and only three for female candidates. Despite the petiti...
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Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”

The Supreme Court held that the absence of a requirement for custodial interrogation is not, by itself, a sufficient ground to grant anticipatory bail. The court must primarily consider the prima facie case and the nature of the alleged offence. The High Court erred in conducting a mini-trial and rendering detailed findings on evidence at the anticipatory bail stage. Facts Of The Case: An IPS officer, holding the post of Additional Director General of Police in Andhra Pradesh, was accused of manipulating tenders and misappropriating public funds. The allegations involved two key transactions. First, an agreement for awareness camps on the SC/ST Act was signed on January 30, 2024, and the entire payment was approved on the very same day without any verification of the work done. Second, l...
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Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts

The Supreme Court held that a government notification extending the retirement age must be interpreted purposively, and a condition requiring "10 years of teaching experience in any State-aided university" includes experience from universities outside the state. Excluding such experience was found to be an arbitrary and discriminatory classification violating the right to equality under Article 14. Facts Of The Case: The appellant was initially appointed as a teacher in a government college in Assam in 1991, where he served for 16 years. In 2007, he was selected for a non-teaching post at Burdwan University, West Bengal, based on his qualifications and experience, and was later promoted in 2012. In 2021, the State of West Bengal issued a notification increasing the retirement age from 60...
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