1. 1% Seats In Govt Jobs Reserved For Transgender Persons: Karnataka Govt. Tells High Court
Karnataka Government has decided to provide 1 percent (horizontal) reservation to Transgender candidates in government jobs to be filled through the direct recruitment process. The reservation is applicable to transgender candidates in each category of General merit, SC,ST and in each of the OBC categories.
A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj was informed by the government that a final notification dated July 6 has been issued whereby amendment has been made to Karnataka Civil Services (General Recruitment) (Amendment) Rules 2021. Through the amendment, Rule 9, sub rule (1) (d) has been incorporated to provide for 1 percent Horizontal reservation to the transgender community.
The State Government has now come out with a notification which reads thus:
Amendment of Rule 3.- In the Karnataka Civil Services (General Recruitment) Rules, 1977 (hereinafter referred to as the said rules) in Rule 3, in sub- rule (3), after the words, "or the qualifying examination", the words and figures "subject to the maximum of 50 marks whichever is lower", shall be inserted.
Provided that, every Appointing Authority shall provide a separate column of "Others" along with male gender and female gender in the application for recruitment to any category of Group-A, B, C or D posts for the convenience of transgender persons. The Recruitment Authority or the Appointing Authority shall not discriminate a transgender person while making selection of appointment to any category of post.
Provided further that, if sufficient number of eligible transgender persons are not available, to the extent of one percent, the unfilled vacancies shall be filled by male or female candidates, as the case may be, belonging to the same category.
Source: Bar & Bench
2. Bombay High Court Issues Directions For Proper Functioning Of Tree Authority In Goa
Being "extremely distressed" by the fact that the Tree Authorities in both the districts of Goa have not functioned at all since about a decade, the Bombay High Court at Goa recently issued several directions for their proper functioning.
The said authorities were constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984. A division bench of Justices MS Sonak and MS Jawalkar gave the direction while hearing a petition filed by NGO Living Heritage Foundation. The petitioners pointed out that Tree Authorities for the two districts of North and South Goa are defunct from the date of the enactment of the Trees Act (1984), or in any case, from November 2012, the date on which the two Tree Authorities came to be constituted.
It added "Though Article 51A(g) provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures, the two Tree Authorities in the State of Goa and its members who are the citizens of India have acted as if no such provisions exist in the Constitution of India or that the provisions of Trees Act and duties which Section 7 has cast upon them, either do not exist or were not meant to be acted upon."
Advocate General D. Pangam, conceded that the Tree Authorities in the State of Goa have not been functioning as they ought to have. He submitted that at least hereafter the Tree Authorities in the two districts will function and discharge the duties which they are required to discharge under the Trees Act.
Following which the court observed "This is not just some instance of dereliction of statutory duties but this is an instance that points to the scant regard which such authorities and their members have to the cause of the preservation of trees in the State of Goa."
Source: Bar & Bench
3. Animal Sacrifice Permissible Only In Licensed Slaughterhouses : Bombay High Court Ahead Of Bakr Eid
On the eve of Bakr Eid, two benches of the Bombay High Court directed authorities in different Municipal Corporations in Maharashtra to ensure animals are sacrificed only in licensed slaughterhouses or abattoirs.
Chief Justice Dipankar Datta's bench directed local authorities to take action against those illegally slaughtering animals while staying Bhiwandi-Nizampur Municipal Commissioner's order allowing 38 temporary slaughterhouses to operate in the corporation, just outside Mumbai city.
In the second order, the Division bench led by Justice SS Shinde directed the Thane Police Commissioner to check and ensure no animals are illegally marketed or slaughtered within the jurisdiction of Mumbai Police station, Thane.
"We make it abundantly clear that no slaughters shall be allowed except in recognized slaughterhouses. And any violation of the statutory rules and the decisions of the competent courts of law, if noticed, appropriate action shall be taken, "the CJ said while dictating the order.
The court observed that temporary slaughterhouses are not recognized/ licensed slaughter houses. Therefore, the arrangement sought to be made by the Commissioner is in the teeth of not Rule 3(1) of Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, and also against the Supreme Court's decision in 2013 in Lakshmi Narayan Moti vs UOI.
The court further noted that the Commissioner passed the order despite opposition from the Assistant Commissioner and without permission from the State Government as the pandemic is on the wane. "We are of the view that the slaughtering of animals ought to be in conformity with the licenses issued by the competent authorities, at specified designated places and at specified hours," the bench said.
Source: Bar & Bench
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