High Court Junks Aspirant’s Plea For Medical Re-examination
HC refuses to halt shop demolition
Hyderabad: A two-judge panel of the Telangana High Court dismissed a writ appeal filed by an unsuccessful candidate seeking re-medical examination for selection to the post of assistant motor vehicle inspector (AMVI). The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin reiterated that courts cannot intervene in matters of medical disqualification after an inordinate delay of eight years and in the absence of proven irregularities. The panel was dealing a writ appeal filed by Ravi Kumar Manda. In an earlier proceeding, the appellant had challenged his disqualification in the 2016 medical examination conducted by the Osmania General Hospital, contending that it was conducted in a defective and negligent manner and that he was wrongly declared unfit on the ground that his chest expansion was below the prescribed standard. He sought a direction to the Telangana Public Service Commission to conduct a medical re-examination by referring him to a different hospital or medical board and to consider his candidature for appointment as AMVI, or alternatively to create a supernumerary post. The same was dismissed by the single judge. On the other hand, the TGPSC contended that constitution of a second medical board at the instance of unsuccessful candidates was impermissible unless allegations of mala fide or manipulation were established. It was further contended that permitting re-medical examination nearly eight years after the original test would be neither feasible nor legally sustainable and that the order of single judge was right in dismissing, as there was no merit in the writ petition. The panel accordingly refused to interdict the findings of the single judge.
HC refuses to halt shop demolition
Justice B. Vijaysen Reddy of the Telangana High Court dismissed a writ petition challenging the demolition of a shop at the Nampally Market. The judge granted liberty to the petitioner to work out his remedies before the competent civil court in accordance with the law, including under the Street Vendors Act. The judge was dealing with a writ plea filed by Mohd Fareeduddin Shah. It was contended by the petitioner that the officials of GHMC demolished his shop without issuing notice and without following due process of law. It was contended that there was no dispute with the landlord and that possession of the property was with the petitioner. It was pointed out that a representation to the municipal authorities seeking restoration of possession of the shop area remained in vain. On the contrary, the GHMC raised a preliminary objection regarding the maintainability of the writ petition, contending that the petitioner failed to establish locus standi as no document was produced to prove ownership or lawful entitlement. Furthermore, the GHMC claimed
encroachment of the footpath. Justice Vijaysen Reddy held that the documents only allowed a temporary wooden bunk of limited area, which was later transferred to a third party, and that there was no record permitting the petitioner to install or retain any permanent structure at the Nampally Market. The judge observed that mere issuance of a trade licence could not be construed as recognition of lawful possession. The judge accordingly dismissed the writ plea observing that the petitioner failed to establish any enforceable right.
HC reserves verdict is journos criminal case
Justice K. Tirumala Devi of the Telangana High Court took on file a criminal petition filed by reporter Manche Sagar, seeking quashing of criminal proceedings against him on charges of trespass and conspiracy. Counsel appearing for the petitioner submitted that the reporter was covering an election campaign and in the course of his professional duties recorded an alleged attack involving the de facto complainant, Ashish Kumar Ahuja, a businessman, and other accused. It was argued that there was no relationship between the petitioner and the accused, and that mere recording of an incident does not amount to conspiracy or trespass. The petitioner relied on screenshots and video recordings showing the other accused allegedly breaking into the house of complainant and carrying out the attack. Opposing the plea, counsel for the de facto complainant contended that standards of decency and responsibility must be observed while recording such incidents. After hearing the submissions of both the parties, the judge posted the matter for orders
OU ex-teacher seeks pension
Justice Surepalli Nanda of the Telangana High Court admitted a writ plea assailing the alleged inaction of the commissioner and director, directorate of school education, and other authorities, in failing to transfer the capitalised value of pension, gratuity, and accrued interest to Osmania University for the purpose of counting a professor’s past service towards pensionary benefits. The judge was dealing with a writ plea filed by Prof.
Dharavath Balaramulu. The petitioner contended that despite having rendered qualifying service during the period from February 1984 to October 1997, which is liable to be reckoned in conjunction with his subsequent service under Osmania University, the respondent authorities failed to release the requisite amounts, thereby depriving him of his
legitimate pensionary entitlements. It was brought to the notice of the judge that the director of school education addressed a communication to Osmania University, pursuant to which a memo and a letter were issued by the registrar of Osmania University to the commissioner and director, directorate of school education, calling upon the said authority to take appropriate action in the matter. Despite such inter-departmental
