High Court Junks Aspirant’s Plea For Medical Re-examination
Hyderabad: A two-judge bench of the Telangana High Court dismissed a writ plea filed by an unsuccessful candidate seeking re-medical examination for election to the post of assistant motor vehicle inspector (AMVI). The panel, comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin, reiterated that after an inordinate delay of eight years and in the absence of proven irregularities, the courts cannot interfere in matters of medical disqualification. The panel was considering a writ objection filed by Ravi Kumar Manda. In an earlier case, the appellant had challenged his disqualification in a medical examination conducted by Osmania General Hospital in 2016, arguing that the examination was conducted in a faulty and negligent manner and that he was wrongly declared unfit on the grounds that his chest expansion was below the prescribed standard. He sought directions to the Telangana Public Service Commission to conduct re-medical examination by referring him to a different hospital or medical board and consider his candidacy for appointment as AMVI or alternatively create an extra post. The same was also rejected by the single judge. On the other hand, TGPSC has maintained that the formation of a second medical board in case of unsuccessful candidates will not be allowed unless allegations of bad faith or manipulation emerge. It was further submitted that allowing re-medical examination nearly eight years after the original test would be neither practicable nor legally sustainable and since there was no merit in the writ petition, the decision of the single judge was justified in dismissing. Accordingly, the panel declined to interfere with the single judge’s findings.
HC refuses to stop store demolition
Justice B. Vijaysen Reddy of the Telangana High Court dismissed a writ petition challenging the demolition of a shop in Nampally Market. The judge granted the petitioner the freedom to seek remedies before the competent civil court in accordance with the law, including the Street Vendors Act. The judge was dealing with a written plea filed by Mohd Fareeduddin Shah. The petitioner alleged that GHMC officials demolished his shop without giving notice and without following due process. It was claimed that there was no dispute with the landlord and the ownership of the property belonged to the plaintiff. It was stated that the application made to the municipal authorities to regain ownership of the store area was unsuccessful. On the contrary, the GHMC filed a preliminary objection regarding the maintainability of the writ petition, arguing that it failed to establish the petitioner’s right of action as no documents were produced to prove ownership or legal authority. Additionally, GHMC claimed
footpath violation. Justice Vijaysen Reddy held that the documents allowed only a temporary wooden bunkhouse of limited space which was later handed over to a third party and that there was no record allowing the petitioner to erect or retain any permanent structure in Nampally Market. The judge observed that the mere issuance of a trading license cannot be construed as a recognition of legal title. Accordingly, the judge rejected the written defense, observing that the plaintiff had failed to establish any enforceable rights.
HC reserve decision is the criminal case of the magazine
Justice K. Tirumala Devi of the Telangana High Court filed the criminal complaint filed by reporter Manche Sagar seeking cancellation of the criminal case against him on trespass and conspiracy charges. The petitioner’s counsel submitted that the reporter was covering an election campaign and, in the course of his professional duties, recorded an alleged assault involving the actual complainant, a businessman, Ashish Kumar Ahuja, and other accused. It was submitted that there was no relationship between the petitioner and the accused and mere recording of an incident does not amount to conspiracy or trespass. The petitioner relied on screenshots and video recordings showing the other defendants breaking into the complainant’s home and carrying out the attack. Opposing the allegation, the actual complainant’s lawyer argued that standards of courtesy and responsibility should be adhered to when recording such incidents. After hearing the arguments of both parties, the judge decided the matter.
Former OU teacher seeks retirement
Justice Surepalli Nanda of the Telangana High Court accepted a writ plea criticizing the alleged inaction of the commissioner and the principal, the school education department and other officials in not transferring the capitalized value of pension, gratuity and accrued interest to Osmania University to count past services towards the retirement benefits of a professor. Judge, Prof.
Dharavath Balaramulu. The petitioner alleged that although he had rendered qualified service in the period from February 1984 to October 1997, which should be taken into account together with his subsequent service at Osmania University, the respondent authorities had failed to pay the requisite sums, thereby depriving him of his rights.
legal retirement rights It was brought to the notice of the judge that the director of school education had sent a letter to Osmania University and thereupon the Registrar of Osmania University had sent a note and letter to the commissioner and principal of the school education directorate, urging the said authority to take necessary measures in the matter. Despite all these interdepartmental agreements
