Topic
The Allahabad High Court has ruled that access to electricity is a fundamental right under Article 21, and authorities cannot deny connection to a lawful occupant solely due to lack of title deed. This sets a critical precedent for vulnerable residents-especially women and displaced persons-in securing basic utilities regardless of property ownership disputes.
The Bombay High Court has ruled that a registered leave-and-license agreement is not mandatory to prove residence under the Right to Education Act; an unregistered agreement, coupled with long-term occupancy and supporting documents, satisfies the 1-km radius requirement for Scheduled Caste admissions. This clarifies a critical barrier for low-income families and reinforces substantive rights over procedural formalities in access to education.
CAT Ernakulam rules that the fundamental right to travel abroad under Article 21 cannot be restricted merely due to pending disciplinary proceedings under Rule 14 of the CCS (CCA) Rules. The tribunal relied on the Supreme Court’s precedent in Satish Chandra Verma to affirm that personal travel leave cannot be denied without a substantive finding of guilt, impacting government employees facing similar procedural hurdles.
The Punjab & Haryana High Court ruled that cutting off electricity to vulnerable residents over a private property dispute constitutes a violation of the right to life under Article 21. It ordered immediate temporary power restoration without demanding ownership documents, setting a precedent that basic utilities cannot be weaponized in civil or familial conflicts.
CAT Allahabad rules that an employee's right to decline promotion is a fundamental aspect of personal autonomy, not subject to administrative discretion. The judgment underscores that service rules cannot override constitutional rights, setting a precedent for employment disputes involving forced career advancements.
Gauhati High Court holds that eligible employees have a fundamental right under Article 16(1) to be considered for promotion, even if no right to promotion itself exists.