HC Strikes Down Disability GO

HYDERABAD: A two-judge bench of the Telangana High Court comprising Justice Abhinand Kumar Shavili and Justice J. Anil Kumar struck down a government order which prescribed 70 per cent or more disability for eligibility under the Rights of Persons with Disabilities Act. The bench was dealing with a writ plea filed by Chinta Nataraj complaining that the authorities rejected the disability appeal of the petitioner for purposes of allotment as a teacher consequent upon the formation of new districts. According to the petitioner, the Disabilities Act had stated that 40 per cent disability is the prescribed criteria. He challenged the rule which said the criteria for preferential treatment in the local category for the specially-abled will be considered only in favour of candidates with 70 per cent disability. The bench pointed out that the said prescription was contrary to the law and struck it down.

Pharmacy Council power challenged

A two-judge bench of the Telangana High Court took on file a writ appeal challenging the power of the Pharmacy Council to levy a Regulatory Fee. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar admitted a petition filed by the Federation of Self-Finance Pharmacy colleges. The federation and its member colleges and filed petitions before the High Court when the regulatory fee was enhanced both the quantum and incident of the regulatory fee were challenged before a single judge unsuccessfully while the individual colleges did not file appeals the present appeal is filed by the federation. The bench made clear that any recovery made under the head of the regulatory fee will be subject to the outcome of the appeal.

Doctor searched for insolvency forum

A two-judge bench of the Telangana High Court admitted a writ petition by a practising doctor seeking insolvency. Dr Harani Azam would complain that she had no remedy under the law for being declared insolvent and pointed out that an application before the Debt Recovery Tribunal ended with a rejection of her petition on the ground that the power under the DRT Act was yet to be notified. When she moved the civil court under the Provincial Insolvency Act, she was refused remedy on the ground that the courts cannot entertain such petitions under banks and financial institutions.

HC junks trade secret commercial appeal

A two-judge bench of the Telangana High Court rejected the commercial appeal on the issue of trade secrets. The petitioner M/s Icomm Tele Limited questioned an order of the commercial court which had rejected a petition requiring the court to dismiss the suit in limine. According to the appellant, the suit framed by Can Bank Factors Ltd has been misconceived as a trade secret and was not a defined facet of commercial suits. Speaking for the bench, Justice T. Vinod Kumar pointed out that the issue raised was not one that could be decided on the pain averments alone and therefore the plaint could not be rejected at the threshold. The judge accordingly refused to interject the earlier order refusing to dismiss the suit.

Conditional stay in NIRD award

A two-judge bench of the Telangana High Court extended a stay from executing an Arbitral Award to the tune of about Rs 2 crore against the National Institute of Rural Development (NIRD). The bench comprising Justice Abhinand Kumar Shavili and Justice J. Anil Kumar is hearing two appeals on an Arbitral Award in favour of Town School Education Initiatives Pvt Ltd which had filed a claim for over Rs 5 crore for training imparted by it at the instance of the NIRD.  It claimed that various amounts were due from the NIRD including damages.  The arbitrator restricted the award to about Rs 3 crore and rejected the balance. In an appeal before the civil court, the civil court reduced the amount to Rs 2.40 crore and both parties are now before the High Court. Pending the appeal, the bench stayed the withdrawal of the amount of Rs 3,05,71,921 deposited pursuant to the earlier order.

GHMC told to act against restaurants in Mallepally

Justice N.V. Shravan Kumar of the Telangana High Court directed the GHMC to step in and deal with the alleged illegal housing of price hotel at Mallepally. The judge is dealing with a writ petition filed by Mohammed Abdul Salam complaining that no action was taken by civic authorities in spite of multiple complaints the petitioner would allege that Prince Hotel situated at Mallepally is running illegally and without any authorisation and would seek demolition of the same. The genesis to the problem would include parking issues in the neighbourhood and various neighbours disagreeing on the parking area in front of their residences. The judge accordingly directed the GHMC to consider the grievance of the petitioner and take necessary action in accordance with the law.