Hyderabad: A two-judge bench of the Telangana High Court on Tuesday granted interim relief to transgender doctors, by allowing for reservation to postgraduate medical courses. The bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji was hearing a plea filed by Dr Koyyala Ruth John Paul, questioning the action of the government, Union of India, and the National Medical Commission (former Medical Council of India) in not providing reservation for transgenders in accordance with a judgment of the Supreme Court. Pujitha Gorantla, counsel for NMC, argued that the NMC was executing reservations and not creating them. The bench also heard Sagarika Koneru, who pointed out that an SC transgender being treated as an OBC would be unfair to the SC candidate. The bench, accordingly, directed that the petitioner be considered for counselling in whichever category was more beneficial and favourable to the petitioner. Sagarika also pushed for an interim order for all transgenders, but the bench said the interim order is only for the petitioner and cannot be a general order. The counselling is expected to take place in the second week of July.
HC closes PIL on clinical establishment rules
A two-judge bench of the Telangana High Court on Tuesday closed a PIL, which sought compliance with provisions of the Clinical Establishment Registering and Regulation Act, 2010. The bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji was dealing with a PIL filed by Forum against Corruption, wherein the petitioner complained the state had failed to set up enforcement cells and enforce provisions of the regulations. The government informed the court that two orders were issued on June 14 for the establishment of the state council, which comprises the Special Chief Secretary as chairperson. Similarly, district registration authorities, chaired by district collectors, were also formed. The bench closed the writ petition stating that there was no reason to keep the petition pending.
HC to decide on GST for hair
A two-judge bench of the Telangana High Court, of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, on Tuesday, decided to consider whether ‘tonsured hair’ is subject to GST under the tax regime. The bench was dealing with a writ petition challenging a demand of ₹25 lakh from the Sri Anjaneya Swamy Vari Devastanam of Jagtial from Naresh Women Hair Enterprises, an agency engaged in collecting tonsured hair at the temple. The petitioner contended that the levy was illegal and without the authority of law. The petitioner would contend that there was an exemption for human hair goods. Dominque Fernandes, the counsel for the authorities, pointed out that the levy is valid as per law and the revenue was not concerned about the contract between the temple and the agency. To the plea of the petitioner that human hair was exempt from tax, Dominque pointed out that the levy was valid under the head of ‘human hair and broken coconuts’. The petitioner could challenge the very levy and the demand made, as the petitioner.
HC tells police not to trespass into pvt property over land-grab claim
Justice C.V. Bhaskar Reddy of the Telangana High Court on Tuesday directed the Narsingi police not to interfere with or trespass into the private property of two agriculturists of Manchirevula village in Gandipet mandal. An agriculturist approached the court complaining that the police were acting at the instance of one Ravindernath Reddy, a realtor who has been eyeing his property. The petitioner alleged that a sub-inspector of police was hand in glove with the respondent and they were making constant attempts to dispossess the petitioners of their property. The judge accordingly directed the police officials not to interfere in any manner, infringing their personal liberty and peaceful possession of the property.
Varsity told to maintain status quo on contested lands
Justice M. Sudheer of the Telangana High Court on Tuesday directed Professor Jayashankar of Telangana State Agricultural University to maintain the status quo with regard to lands in Sogbowli village of Rajendra Nagar, as there are multiple claimants to the same. The judge passed the interim order in a writ petition filed by Mohammed Bilal, who claimed ownership of the plot and said that the revenue records reflect the same. He alleged that the university authorities made claims and highhandedly attempted to dispossess the petitioner of his 152-sq yard plot.
HC sets aside recovery order of ₹60K
Justice Surepalli Nanda of the Telangana High Court on Tuesday allowed a writ petition seeking to set aside an order of the Additional Director General, South Zone, CRPF, Hyderabad and an order of DIGP, Group Centre, CRPF, Avadi, Chennai, as bad in law. The petitioner alleged that the order of DIGP directing to remit ₹60,022 was illegal and without application of mind. The petitioner, who held the post of vice chairman of PGKA, failed to exercise proper checks over maintenance of records and stocks as per rules, ending up liable for recovery of ₹60,022. The petitioner alleged that recovery was ordered without giving a reasonable opportunity to the petitioner to defend himself and that the entire exercise indicates a clear prejudice on the issue unilaterally, in clear violation of the principles of natural justice. The judge, after considering the submissions and material, set aside the recovery order observing that “there cannot be any unilateral decision for recovery without there being any detailed inquiry into the subject issue by the competent authority in accordance with law, in conformity with principles of natural justice.”
