16.24 of the University, applicable to them, contending that they were entitled to continue beyond the last date of the month in which each of them attained the age of superannuation, till the “30th of June following” in terms of that provision. The Supreme Court has ordered status quo on the appointment of an administrator of Sri Mahatobora Veerabhadreshwara Temple at Hiriyadka, Bommarabettu Village, Udupi. It is not appropriate, however, for a Constitutional Court that is tasked with providing clear answers to the legal questions before it. 3493/2020 (Arising out of SLP (C) No. In that judgment, the Division Bench had, on an interpretation of the relevant provisions (which were worked identically to Statute No. We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times. The Colorado Supreme Court reversed in both cases. This is not the first time that an important, time-sensitive case has been dragged on in a manner that materially affects the situation of the parties. The Supreme Court today granted a 'status quo' order in an appeal arising out of a National Company Law Appellate Tribunal (NCLAT) judgment, whereby … A select list of articles that match your interests and tastes. Judgments are delivered orally by Justices in the courtroom. A scrutiny of the Supreme Court's judgments makes it clear that the Centre cannot hand over any land, superfluous or not. The second — which occupied the court through the month of November, and through the now familiar, depressing cycle of “sealed covers” — was the substance of the allegations against Mr. Verma, that the CVC and the government were claiming justified his divestment. Mr R.S Sachar, learned Senior Counsel appearing for the appellant, contended that generally during the pendency of litigation courts protect the status quo existing on the date of the suit and it is only in exceptional circumstances, where irreparable damage is feared, the courts permit change of status quo. It is possible to re-watch judgment hand-downs on this site. The Judgment was delivered by Apex Court Bench comprising of Justice Uday Umesh Lalit and Justice S Ravindra Bhat. This can be illustratively explained by the following two examples: 16.24 applies to the teachers of the university. (2) No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these statutes. 10943/2020) along with four other appeals has cogently, categorically and convincingly observed that long standing or established status quo brought about … Move smoothly between articles as our pages load instantly. Secondly, no teacher who attains the age of superannuation has a right or entitlement to re-employment; in fact, the opening expression “No teacher” appears to rule out re-employment of superannuated teachers {Statute No. in the case of Brownsea Haven Properties v. Poole Corpn. Enjoy reading as many articles as you wish without any limitations. The Alok Verma case demonstrates how, when the court fails to do so, it abdicates its role as the sentinel on the qui vive, and allows the government to get away with abuse of law. Printable version | Dec 23, 2020 9:59:35 AM | https://www.thehindu.com/opinion/lead/judicial-evasion-and-the-status-quo/article25953052.ece. That statute reads as follows: “16.24 (1) The age of superannuation of a teacher of the University, whether governed by the new scale of pay or not shall be sixty-five years. 10943/2020) along with four other appeals has observed that long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from. On October 26, 2018, a three-judge Bench of the Supreme Court, headed by the Chief Justice of India, was confronted with a straightforward legal question: whether the decision taken by the Central Vigilance Commission (CVC) and the Central government to divest Central Bureau of Investigation (CBI) Director Alok Verma of his powers and functions was legally valid. Yet this pure question of law took six hearings and more than two-and-a-half months to resolve, and yielded an unclear decision where the court agreed with the principal legal contentions of Mr. Verma, but passed a judgment whose ambit left everyone scratching their heads. As a subscriber, you are not only a beneficiary of our work but also its enabler. However, we have a request for those who can afford to subscribe: please do. Recent events have confirmed this fear. The first was Mr. Verma’s original challenge to the process of his divestment — that came up before the court in October, and was heard in December. The question was a straightforward one, because it required the court to interpret three legal instruments: the Delhi Special Police Establishment (DSPE) Act (that brought the CBI into existence), the CVC Act, and the Supreme Court’s own prior judgment in Vineet Narain. Still less was it for the court, after holding that Mr. Verma’s divestment was invalid in law, to place fetters on his powers as the Director, thus presumptively placing him under a cloud of suspicion. June, 30th and the same will be treated as re-employment. The Division Bench placed emphasis and importance on the legislative intent “to cater to the supreme need to not adversely affect the academic activities of the institution and to safeguard the interest of the students.””, Para 4 then brings out that,“The impugned judgment rejected the appellants’ writ petition, holding that Indu Singh (supra) could not be considered as a binding authority. The Division Bench said that Statute No. However, the court then went on to also hold that the correct authority — the high-powered committee — would have to consider the allegations against him, and decide on the case within a week. The appellants relied on Statute No. Crossword blog #205 | Love makes the world go round? We brief you on the latest and most important developments, three times a day. Provided that a teacher whose date of superannuation does not fall on June 30, shall continue on service till the end of the academic session, that is June 30, following and will be treated as on re-employment from the date immediately following his superannuation till June 30, following. The appellants are entitled, consequently, to continue till the end of the following June on re-employment. You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu. If the view that found acceptance with the impugned judgment were to prevail, there would be avoidable disruption in teaching; the likely delay in filing vacancies caused mid-session cannot but be to the detriment of the students. As a matter of law, this is strange. A court must have statutory authority to issue a refund, that court stated. Subscribe to The Hindu now and get unlimited access. Recent events have confirmed this fear. The final judgement in the Ayodhya dispute was declared by the Supreme Court of India on 9 November 2019. It should be clear from the record that there were two parallel proceedings taking place in the Supreme Court. And if it is a nullity, then status quo ante can be restored. Within a month of the demolition, the Allahabad High Court allowed for darshan at the makeshift temple. The fear was that the more time the court took, the more the government would benefit from the status quo. 16.24 is to avoid the disruption caused by discontinuity of service of a teaching staff employee or official mid-session. Latest judgments. A different view would not only introduce an element of uncertainty and confusion, it would also have the effect of unsettling transactions which might have been entered into on the faith of those decisions. 16.24 (2)}. 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