Daily Legal Updates for Law Exams: 18th January 2022

1. Supreme Court Seeks Union's Response On Plea For Higher Women Intake In NDA, RIMC & Sainik Schools

• The Supreme Court sought the response of the Union Government regarding the intake of women candidates in National Defence Academy, Rashtriya Indian Military College, Rashtriya Military Schools and Sainik Schools for 2022 admissions.

• A bench comprising Justice Sanjay Kaul and MM Sundresh issued notice to the Union on an application that pointed out that even for the NDA I - 2022 examination, the intake of women candidates has been limited to 19 for the army, navy and airforce. The applicant contended that though the Union had undertaken before the Court to put in place the infrastructural requirements for women candidates by May 2022, it has limited the number of intake to 19 candidates.

• The bench recorded in its order that Senior Advocate Chinmoy Pradip Sharma says that the number of candidates who are to be inducted as per NDA II – 2021 is 208 candidates in the Army including 10 women, 42 candidates in the Navy including three women and 120 candidates in the IAF including six women, and thus, it is proposed that 19 women, subject to completion of all formalities, should be able to join by June 2022.

• "The reservation he has expressed is arising from the examination notice dated (...) issued by the UPSC for NDA I - 2022 examination to be held on 10.4.2022. This reservation arises from the fact that the number of women to be inducted is stated to be the same as that proposed to be inducted for NDA II-2021. The submission is that the 2021 II exam happened when some push was given by the court and subsequently, leave was also granted by the court, but it is the own case of the respondents that they expected to make all arrangements by the examination to be held for 2022.

• It is submitted that the number of women should not be restricted to the same and should be based on the various criteria which is likely to continue for a long time to come, taking into consideration the number of women who can be inducted in different fields as per different judicial pronouncements of this court. Issue Notice. Counsel for the State accepts notice. Reply be filed within 3 weeks. Rejoinder if any within two weeks thereafter", ordered the bench.

Source: Bar & Bench

2. Supreme Court Issues Notice To CBSE School On Students' Plea Alleging Irregularities In Class X Assessment

• The Supreme Court issued notice in a writ petition filed by class Xth passed out students alleging illegal action of St Xavier International School in the assessment of CBSE Class X exams.

• The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar while issuing notice returnable on February 14, 2022 in their order said,

• "Issue notice. Counsel for petitioner submits that in terms of liberty granted by this court, a copy of the petition has been given to the respondents. None appears for Respondent 3. Accordingly issue notice returnable on February 14. Liberty is granted to serve the respondent's counsel/ authorities."

• It was alleged in the petition that pursuant to CBSE notifying the Evaluation Policy on May 1, 2021, the School had held a Zoom Meeting wherein the Chairman openly asked the students to take admission in Class XIth in his School and suggested the option for re-writing answer sheets to get better scores.

• Petitioners also alleged that the students who agreed to the School's request to take admission in the same school and paid the demanded amount were awarded very good marks wherein marks of those students who denied to take admission were deducted arbitrarily and illegally.

• Averments that CBSE on October 29, 2021 had directed the school to provide relevant data but irrespective of the same, the school refused to provide answer sheets to the students have also been made in the plea.

• Relief for directing the respondents to provide Rationale Document, Attendance Sheet of each examination and each subject conducted by School, Report of Result Committee and detailed scorecard for Class all Class X students which had to be prepared by School in terms of Evaluation Policy dated May 1, 2021 had also been sought.

• Class Xth pass out students also prayed for directing the school to provide answer sheets to the students and for directing CBSE to initiate non- compliance proceedings in terms of its Evaluation Policy. Lastly, relief of directing CBSE to review and declare petitioner(s) result afresh based on the Evaluation Policy after collecting genuine records from the School was also been sought.

Source: Bar & Bench

3. No Person Can Be Forcibly Vaccinated Without Consent; Hasn't Made Carrying Vaccine Certificate Mandatory For Any Purpose' : Centre Tells Supreme Court

• The Central Government has made it clear before the Supreme Court that there is no COVID-19 vaccination mandate and that vaccination is not mandatory.

• Responding to a plea seeking ease of access to vaccination to persons with disabilities, the Central Government has submitted before the Supreme Court of India that its guidelines do not envisage any forcible vaccination without obtaining consent of the concerned individual.

• While emphasising that Covid-19 vaccination is in larger public interest and it has been duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated, the Government has stated that no person can be forced to be vaccinated against their wishes.

• The relevant extracts from the affidavit filed by the Union Ministry of Health and Family Welfare are : "It is humbly submitted that the direction and guidelines released by Government of India and Ministry of Health and Family Welfare, do not envisage any forcible vaccination without obtaining consent of the concerned individual. It is further humbly submitted that vaccination for COVID-19 is of larger public interest in view of the ongoing pandemic situation. It is duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated and systems and processes have been designed to facilitate the same. However, no person can be forced to be vaccinated against their wishes.

• It is most respectfully submitted that the Government of India has not issued any SOPs which make carrying of vaccination certificate mandatory for any purpose.

• Counselling before vaccination: It is humbly submitted that Government of India has formulated Operational Guidelines for COVID-19 vaccination. As per these Guidelines, all beneficiaries are to be informed about adverse events which may occur after COVID-19 vaccine."

• The Centre has submitted that information on all aspects of COVID-19 vaccination programme is disseminated by Government of India and State/UTs through websites, print media, AV radio and television and also through other social media platforms. The Har Ghar Dastak Campaign in particular is a pan India campaign which will increase this reach even further, and the Ministry has regularly promoted the National helpline number 1075 for all COVID-19 related queries.

• The Centre has also submitted that the provisions have been made for persons who do not have any of the prescribed ID cards for availing Covid-19 vaccinations by following Facilitated Cohort Registration process on Co-WIN.

Source: Bar & Bench