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Bar and Bench

@barandbench

Sep 22, 2020 • 16 tweets • 8 min read • Read on X

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𝐇𝐄𝐀𝐑𝐈𝐍𝐆 𝐀𝐋𝐄𝐑𝐓: 𝐏𝐥𝐞𝐚 𝐭𝐨 𝐞𝐱𝐭𝐞𝐧𝐝 𝐜𝐨𝐥𝐥𝐞𝐠𝐞 𝐚𝐝𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐬 ( 𝐂𝐁𝐒𝐄 𝐂𝐨𝐧𝐩𝐚𝐫𝐭𝐦𝐞𝐧𝐭 𝐞𝐱𝐚𝐦𝐬)

#SupremeCourt to hear a plea seeking extension of college admissions deadline due to delayed #compartmentexams and time to be taken for results

@cbseindia29

Petitioners aver that compartment exams by @cbseindia29 should have been cancelled like the CBSE main exams due to COVID19. But since exams are taking place, the admission deadline in colleges should be extended to give opportunity to compartment students to to apply too

@ugc_india

Students are appearing for the first paper of #CompartmentExam2020 today.

#cancelcompartment
#speakupfornstudentsafety
@ugc_india
@EduMinOfIndia

@VTankha

Justice AM Khanwilkar led bench has assembled
Hearing will start shortly

Senior Advocate Vivek Tankha to appear for one of the petitioners (a minor student)

@VTankha

@advocate_tanvi
#compartmentstudents_wantjustice

@ugc_india

The lead petitioner has impleaded University Grants Commission in the case as the court had observed that UGC would be fit to decide how college admission deadlines can be extended, if at all.

@ugc_india
@advocate_tanvi

@VTankha

Hearing begins.
ASG Rupinder Singh Suri appears for Union of India
@VTankha : Compartment exams from today till 29th. I was asked to serve a copy to Centre for a solution.

#compartmentexams
#CompartmentExam2020
#SupremeCourt

Senior Adv Tankha: If students dont get admissions then what is the use of exams

Justice Khanwilkar: exams are on, you have to appear

Tankha: UGC is before my lord. Once #CompartmentExam2020 are over, admissions should be quickly be declared so that admissions can take place

Tankha: UGC should accommodate the compartment students in the academic calendar.

Justice Khanna: you had said the admission process is over but that's not correct

Tankha: yes they have reopened. Since 2 lakhs students are appearing in compartment, they should be benefited

Justice Khanwilkar led bench has issues in hearing the counsels over #virtualhearing

Adv Apoorv Kurup for UGC: these are compartment students. admissions start and as seats are empty these students appear. UGC will declare results

Justice Khanwilkar: this is a peculiar situation and can you make some room for these students

Kurup: academic calendar is being finalised. If cbse declares results in batches the students will be accommodated if seats are vacant

Justice Khanwilkar to UGC: What is the cut off date for admissions?

Kurup: mostly end of Ocotber.

SC: then we can direct CBSE to declare results before that.
career of 2 lakh students is not a small number !

Adv Rupesh Kumar for CBSE: the papers will need to be corrected at 16 regional centres and we will need 3 to 4 weeks

SC: This is an exceptional year and you have to make some room. academic career of 2 lakh students cannot be hampered

Justice Khanwilkar: If CBSE declares results by end of October, then you can wrap up admissions by first week of November

Kurup: the academic calendar is finalised and we were to release it yesterday.

SC to UGC: Don't release the acadmeic calendar till Thursday. Let CBSE inform us and then you both coordinate. 2 lakhs students is not a small number and we have to work out a solution in this exceptional year. You need to work in tandem with CBSE.

Adv Avishkar Singhvi: we have given a list stating college admission deadlines to give you an idea

SC: We will not consider individual admission deadlines.

Case will again be taken up on September 24. CBSE and UGC to take a joint decision on declaration of results & admissions

CBSE Compartment Exams: "Academic career of 2 lakh students cannot be hampered", Supreme Court directs UGC to not release the academic calendar till Sep 24

#CBSENews #CBSE #UGC
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Bar and Bench

@barandbench

Jun 11

#BREAKING Sheetal Thakur vs Dhiraj Abraham

Supreme Court says Family Courts should ordinarily assess parents first and decide whether psychological evaluation of a child is necessary before directing such evaluation; lays down safeguards against unnecessary psychological assessment of children in custody and visitation disputes.

Justice N Kotiswar Singh:

• Family Courts must first appoint a psychologist to assess the psychological condition of both parents, particularly the parent having present custody of the child, before deciding whether any psychological assessment of the child is required.

• No psychological assessment of the child should be conducted if the Family Court, based on the psychologist's report, finds such assessment unnecessary or undesirable.

• If an assessment of the child is required, it must be carried out by an independent child psychologist in consultation with the psychologist already treating the child, with minimum interaction so as not to disturb the child's mental condition.

• Family Courts must remain conscious that a child's psychological needs change with age and may require periodic review and assessment.

• Courts must examine concerns relating to parental alienation syndrome and false memory creation against the other parent, while ensuring the child is not exposed to influences that may foster such tendencies.

Justice N Kotiswar Singh :

• We emphasise our role as parens patriae and held that child custody, visitation and parental access disputes involving growing children are dynamic in nature and constitute a continuing cause of action.

• Parents are at liberty to seek modification of orders before the Family Court from time to time as circumstances evolve.

• Parties must apprise the Family Court of the status of proceedings pending under the POCSO Act against the respondent, as those proceedings may significantly affect decisions concerning visitation and custody rights.

Read 5 tweets

Bar and Bench

@barandbench

Jun 8

"Delhi will choke. God save us all if this is how you want Delhi to live."

Delhi High Court makes strong remarks over the Central government's plans to take over properties in the Lutyen's Delhi area, including the Delhi Gymkhana Club and the Polo Ground.

#DelhiGymkhanaClub

Justice Neena Bansal Krishna made the remarks while hearing a plea filed by the Indian Polo Association over the government's eviction notice.

The Court said that green spaces in Delhi were anyways scarce and the "little green space" remaining in the NDMC area is also being taken over.

The Court questioned if the government is plannig to make high rises in the area.

"Little breather we have in the NDMC area is also gonna go and all of us are going to suffocate and die," the Bench remarked.

Read 5 tweets

Bar and Bench

@barandbench

Jun 8

#Breaking
“It’s not a small matter and not a standalone case.”

Delhi High Court orders removal of videos on social media platforms calling a sitting High Court judge "murderer" and blaming him for the death of 6 people in a building collapse in Saket on May 30.

Court passed the order after Delhi High Court Bar Association (DHCBA) filed a criminal contempt petition.

#Contempt #CriminalContempt

The videos were uploaded by a person named Dr Kapil Kakar, who claims to be a psychologist and social activist.

He is also stated to be the maker of a series called 'Black Justice'.

A Division Bench of Justices Neena Bansal Krishna and Madhu Jain passed the order.

The Court examined the videos and stated that instances like these were becoming very regular and coming regularly.

Read 4 tweets

Bar and Bench

@barandbench

May 29

Ceremonial bench to commence shortly on the last working day of Justices JK Maheshwari and Pankaj Mithal
#SupremeCourt

CJI: this is like a ceremonial constitution bench. (Smiles)

AG R Venkataramani: Most judges are regarded for compassion and creativity....the two judges are no exception.

SG Mehta: I have never seen his Lordships without a smile on their face. In Justice Maheswari we found an elderly friend who always helped us. Justice Mithal's court always had a warm and conducive environment..

Sr Adv Mukul Rohatgi: I appeared before Justice Mithal before AP HC and it seems like 6 months ago. But it has been 5 years. Other day Justice Mithal why are you here and not a junior. I like that. Your Lordships retire in pink of health. 65 is not a retirement age. Now we have to get used to the new lot which is coming now. It will take another 6 months.

Read 13 tweets

Bar and Bench

@barandbench

May 29

NEET UG Paper Leak: Supreme Court to shortly hear pleas by various stakeholders seeking measures ranging from replacing the NTA to shifting NEET entirely to a computer-based format

Bench: Justices PS Narasimha and Alok Aradhe

#NEET2026

SG Tushar Mehta: as directed, we have filed an affidavit. It’s filed by Dr. Radhakrishnan. He headed the commitee. The recommendations, suggestions etc. were to be implemented this year.

Court: we want to ask, you originally were part of the expert commitee, how much of monitoring has happened about the implementation? How did this failure occur? Despite your monitoring on the basis of HPC recommendation, if this incident has happened, then there would be a problem with the recommendation. Or the monitoring may not have happened.

Radhakrishnan: we had recommended 60 suggestions. In the first 60, mostly they have been implemented. A few are still in the process. In 2025 NEET UG was conducted satisfactorily. There were incidents of power failures in some centres, otherwise the recommendations were implemented and it worked.

Radhakrishnan: there are two areas, the first thing we have done is involvement of all state governments and district admin for secured conducting of the test.

Court: what was not in contemplation of the HPC that lead to this?

Radhakrishnan: certain practices are under implementation. At the moment these are being taken care of for the Reexamination on May 21.

Court: monitoring commitee meets regularly?

Radhakrishnan: yes. Our target is to ensure reforms are implemented.

Court: the real problem won’t stop till actual accountability arises. Not in terms of so and so will be liable, it will be effective when we know which individual shoulders the responsibility lies. Unless you identify the duty holders it will be a diffused obligation.

SG Mehta: the buck must stop somewhere.

Court: unless we identify the responsibility. If something goes wrong, we don’t know. It is a most sensitive situation.

Mehta: Government is concerned about youth.

Court: you need to learn from other institutions.

Mehta: some new mechanisms are put in place for 21st examinations. It may not be appropriate to divulge what’s there. Otherwise it may defeat the purpose.

Court: Is there a regular office who conduct it? With institutional memory?

Mehta: the NTA is having institutional memory. But it does not have domain experts. We have got experts from the IIT system etc. they have been brought into the system.

Read 7 tweets

Bar and Bench

@barandbench

May 29

[Regarding persistent delay in pronouncement of judgments by several high courts]

CJI Surya Kant: Amicus had filed four volume reports before this court compiling High Court wise data before us. All suggestions from HCs were also compiled for uniform judicial guidelines. We are of the view that this is a fit case under Article 142 for our intervention to pass uniform guidelines.

#BREAKING CJI: 1. A matter where judgment is reserved, judgment to be pronounced within 3 months of reserving. Faster decisions in matters of personal liberty etc.

2. Bail application orders ideally within next day and if reserved then decision next day

3. Bail orders to be communicated to jail authorities

4. Undertrial to be released same day of bail or maximum the next day.

5. The trial court to inform HC of compliance.

CJI: 6. operative part to be announced in court and reasons to be uploaded within 7 days. Cases such as habeas corpus, demolition etc.

7. Necessary changes to be made to the HC website by the Chief justice of the respective high courts.

Read 9 tweets

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