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Hindustan Times
6 days ago
- Hindustan Times
HC allows proceedings against senior aviation officer in sexual harassment case
MUMBAI: The Bombay high court on Wednesday stayed an order passed by the Central Administrative Tribunal (CAT) and allowed the Directorate General of Civil Aviation (DGCA) to proceed with departmental proceedings against a senior officer in an alleged sexual harassment case. The CAT had in August 2024 struck down the chargesheet served on the then Director of Airworthiness and had also directed the DGCA to grant him promotion, if he was entitled to it. (Shutterstock) The DGCA had approached the high court, challenging the CAT order, stating that the allegations of sexual harassment were levelled by a contactual staff of the organisation against the officer when he was posted in Bengaluru, and the matter was referred to the ICC. Additional solicitor general Anil Singh informed the court that after a preliminary inquiry conducted by the ICC, as contemplated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), based on the preliminary report of the ICC, charges were framed by the disciplinary authority and the same was served on the officer concerned. The officer had challenged the issuance of chargesheet before the Mumbai bench of CAT, claiming that the proceeding was based on completely false allegations levelled after the contractual employee realised that her services were about to be terminated. The Tribunal on August 2, 2024, struck down the chargesheet, observing that in a number of judgements, the Supreme Court has held that the ICC should frame the charges and serve the chargesheet on the delinquent officer. The Tribunal held that the chargesheet was liable to be struck down, as it was prepared and served by the Disciplinary Authority of the DGCA, and not by the ICC. The Tribunal also allowed the officers' plea for promotion, observing that under the law laid down by the apex court, due promotion can be denied to a government employee only when a chargesheet is served on him, or he is under suspension, or criminal prosecution is initiated against him. The Tribunal said since none of the eventualities existed, after striking down the chargesheet against the officer concerned, due promotion could not have been denied to him, and ordered the DGCA to grant him promotion to the post of deputy DGCA, if he was entitled to it. A division bench of justice MS Karnik and justice NR Borkar, however, stayed the CAT order. 'We find that the charges levelled against respondent No 1 (Soni) are serious,' the bench said, while staying the CAT order. 'We do not find any prejudice to respondent No 1 as a consequence of Disciplinary Authority framing and issuing the chargesheet. In any case, respondent No 1 will get full opportunity to defend himself during the course of the inquiry and examination of the witnesses,' the judges added.
Hindustan Times
13-06-2025
- Politics
- Hindustan Times
HC stays gov resolution asking minority institutions to enforce quotas in FYJC admissions
MUMBAI: The Bombay high court on Thursday stayed a resolution issued by the Maharashtra government on May 6, which said that minority educational institutes must have reservation for Scheduled Castes/Schedule Tribes (SC/ST) and Other Backward Classes (OBCs) in first year junior college (FYJC) admissions. Stating that social reservation should not be applicable to any seat in a minority educational institution, a division bench of justices M S Karnik and N R Borkar stayed the resolution and asked the state to update the FYJC admission portal. The court asked the state to respond in four weeks and scheduled the next hearing on August 6. The order follows petitions filed by Solapur's APD Jain Pathashala, a minority institution that runs the Walchand College of Arts and Science and the Hirachand Nemchand College of Commerce in Mumbai, and another petition by the Maharashtra Association of Minority Educational Institutions. Senior advocate Milind Sathe, represented the petitioners, and said that according to the Constitution of India, minority educational institutes, both aided or unaided, need not have reservations for socially and educationally backward classes. He added that a similar government resolution issued in 2019 was also withdrawn after it was challenged in the court. The court on Wednesday had asked government pleader Neha Bhide to check whether the government was willing to drop minority institutions from the scope of the resolution. Bhide on Thursday told the court that she had not received any instructions from the government to change the resolution. She added that the resolution did not violate the Indian Constitution and said, 'It is only if the seats remain unfilled and are surrendered that the social reservation comes into place.' The high court had, on Wednesday, questioned the resolution. The court had said that this could just be a mistake by the government for which a correction can be issued, and that an order from the court was not necessary when it came to making such corrections. The Maharashtra Association of Minority Educational Institutions (MAMEI) had raised objections about the FYJC admission process for the academic year 2025-26 and said that minority colleges until recently followed a fixed seat distribution of 50% for minority quota, 10% for in-house students, 5% for management quota, and 35% for the rest, including the sports quota and ex-servicemen quota. This year, the government changed the rules for admissions to minority institutions and imposed a reservation for SC/STs and OBCs on the 35% of seats which were in the open category. MAMEI said that the previous reservation structure was legally protected and upheld by the high court and the Supreme Court, and added that the latter had earlier dismissed a petition by the state which challenged the autonomy of minority institutions.
India Today
12-06-2025
- Politics
- India Today
No SC, ST, OBC quota in minority college admissions: Bombay High Court
The Bombay High Court on Thursday stayed a decision of the Maharashtra government by which it had granted SC, ST and OBC reservations for First Year Junior College (FYJC) admission in minority institutions in the bench of Justices MS Karnik and NR Borkar said, "We find substance in the submissions advanced by the counsels for the petitioners therefore the mandate of social reservation will not be applicable in any seats in minority institutions."advertisementThe bench directed the government to file a reply to its plea within four weeks and granted time to the petitioners to file a reply in two weeks after that. The bench will again hear the petition on August bench had earlier asked the Maharashtra government to consider passing a corrigendum to the Government Resolution (GR) passed on May 6, 2025, in which it had taken this decision. However, Government Pleader Neha Bhide said that she had no instructions to withdraw the making her arguments she submitted, "The right of the minority community is not being touched by the GR. The minority community can fill up all the seats that they have. It is only at the stage when the seats remain unfilled, and the seats are surrendered that the social reservation comes into place."advertisement"The reservation would be only for the surrendered seats and this is not a case which violates constitutional mandate," Bhide CITE CONSTITUTIONAL PROTECTIONS UNDER ARTICLE 30Petitioners lawyer Milind Sathe read article 15(5) of Constitution of India which allows the state to make special provisions by law for the advancement of socially and educationally backward classes of citizens, Scheduled Castes, and Scheduled Tribes, particularly in relation to their admission to educational institutions, including private institutions, whether aided or unaided by the state, but excluding minority educational SC Naidu pointed to Article 30 of the Indian Constitution which protects the rights of minorities, both religious and linguistic, to establish and administer educational institutions of their ensures that minorities can preserve and develop their unique cultures through education. This article prohibits the State from discriminating against any institution based on the fact that it is administered by a minority group, especially when granting financial lawyers also submitted that the seats that remained vacant even in the minority quota are always filled according to bench was hearing a petition filed by Solapur's APD Jain Pathashala, a trust that runs Walchand College of Arts and Science and Hirachand Nemchand College of Commerce in Mumbai and another petition by Maharashtra Association of Minority Educational GENERAL MERIT LIST RELEASED, 200 STUDENTS SCORE FULL MARKSadvertisementMeanwhile, the Maharashtra School Education and Sports Department has released the general merit list for First Year Junior College (FYJC) admissions today, June 12, 2025. Students who applied for Class 11 admission can now check their merit status on year, 200 students scored a perfect 500 out of 500, making the competition especially intense. The merit list is divided into four score bands: 500–400, 399–300, 299–200, and 199– can view or download the list by clicking on 'General Merit List' on the homepage and selecting the appropriate option. To check individual merit ranks, students must enter their application number in the search bar on the same clarified that this is not the allotment list. Seat allocation will be based on multiple criteria including scores, reservation claims, and availability of seats as confirmed by junior per the official notification, 'Any discrepancy found during the verification process at any level may lead to revision of the candidate's position in the General merit list. The misleading information may also lead to rejection and or cancellation of admission.'advertisementThe admission process for FYJC began on June 12 and will continue till June 14. Eligible students must complete the required formalities within this window.
Hindustan Times
12-06-2025
- Politics
- Hindustan Times
HC stays govt mandate for quota in minority institutions for Class 11 admissions
Mumbai, The Bombay High Court on Thursday granted an interim stay on the Maharashtra government's mandate to minority educational institutes to reserve seats for Schedule Castes/Schedule Tribes and Other Backward Classes for first-year junior college admissions. A bench of Justices M S Karnik and N R Borkar passed the order on a bunch of petitions filed by some minority institutions, challenging the May 6 resolution issued by the government's school education and sports department applying the constitutional/social reservations in minority education institutes. The high court said it found substance in the petitioners' arguments and hence the mandate of social reservation will not be applicable for Class 11 admissions in minority educational institutions. The HC bench said it was granting a stay on the clause of the resolution that included minority educational institutes for the reservation. It directed the government to file its affidavit in reply to the petitions and posted the matter for further hearing on August 6. The high court on Wednesday questioned the government's rationale behind the resolution and asked if it was willing to withdraw the same or issue a corrigendum clarifying that minority institutes would not be included in the reservation. On Thursday, government pleader Neha Bhide told the court that she has no instructions from the government to withdraw the resolution or issue a corrigendum. As per the pleas, Article 15 of the Constitution excludes minority educational institutes, aided or unaided, from applicability of reservations for socially and educationally backward classes. The petitions claimed that under Article 30 , the right of admission is exclusively with the management of the institution. A similar GR was issued in 2019 but it was withdrawn after petitions were filed then, they said.
Time of India
12-06-2025
- Politics
- Time of India
Bombay HC challenges inclusion of minority colleges in reservation order, cites Article 30 protections
MUMBAI: The Bombay High Court on Wednesday questioned the rationale behind a Maharashtra government resolution (GR) directing minority educational institutions to process first-year junior college admissions by implementing Constitutional and social reservations. A bench of Justices M S Karnik and N R Borkar asked the government pleader Neha Bhide to seek instructions on whether the government was willing to issue a corrigendum or withdraw the clause in the GR issued on May 6. "Why did you (government) bring in the minority institutes in the (ambit of) the GR? Withdraw the minority institutes from this. Every time you do not need an order from the court. Withdrawing or issuing a corrigendum is not difficult," the bench told government pleader Neha Bhide and asked her to seek instructions. It may be a bonafide mistake by the government for which a corrigendum can be issued, the bench said and posted the matter for further hearing on Thursday. The GR directing the implementation of SC, ST, and OBC quotas for admissions to first-year junior colleges governed by minority trusts was challenged on the ground that such institutions, both aided or unaided, are excluded from applying such reservations for socially and educationally backward classes under Article 15(5) of the Constitution. The petitions claimed that under Article 30 (1), minority institutions can establish and administer educational institutions. The petitioners claimed a similar GR was issued in 2019 too, but it was withdrawn after it was challenged in court. Is your child ready for the careers of tomorrow? Enroll now and take advantage of our early bird offer! Spaces are limited.
