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ANITA SUMANTH
Jayaseelan Gopalakrishnan, S/o. T. Gopalakrishnan – Appellant
Versus
Principal Secretary to Government Higher Education (A2) Department Secretariat, Chennai – Respondent
ORDER :
Anita Sumanth, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India raying to issue a Writ of Certiorarified Mandamus calling for the records connected with the impugned order passed by the respondent No.1 G.O.(Ms.)No.164, dated 27.08.2021, quash the same with direction on record upon respondents to pay in compensation an amount of INR 100,00,00,000/-(Rupees One hundred Crore) as Exemplary compensation (for loss of 2 years in his life thus Reasonable) Right to life, profession & movement is a fundamental right guaranteed under Article 21 & 19 of the Constitution and for its breach or violation through malice or conscious abuse, a victim is entitled to monetary compensation from the Respondents who are responsible for it. Reference to Supreme Court judgment of Smt. Nilabati Behera alias Lalit… V. State of Orissa and ors. on 24 March 1993 (equivalent citations: 1993 AIR 1960, 1993 (2) SCR 581), quote ‘Award of compensation in a proceeding under Article 32 by this Court or by the High Court under Article 226 is a remedy available in public law, based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity
The court affirmed that public health measures can limit individual rights if justified by legality, necessity, and proportionality, especially during emergencies like a pandemic.
The judgment establishes that the writ jurisdiction under Article 226 applies to bodies performing public functions with a public law element, and the relief sought must have a direct nexus with the ....
The court upheld the impugned circulars based on public interest and safety of students, while noting the provision for medical exemption for staff unable to get vaccinated
There can be a direction to the petitioner to pay the cost within six weeks from today and the cost should be paid to the Kerala State Legal Services Authority (KELSA) which is doing a great job in t....
The decision to deny study leave was based on the public interest and the exigencies of the services, considering the Central Civil Service (Leave) Rules, 1972, Rule 50, and the OM dated 2nd November....
Are we over the pandemic in India? There is a very guarded optimism about it. The number of cases is going down. It’s hovering between 16,00020,000 cases per day in India, compared to about 2,20,0002....
The main legal point established in the judgment is that the clauses in the SOP mandating vaccination for leaving houses and earning livelihood were arbitrary and violative of fundamental rights.
The denial of study leave to a medical officer during a pandemic is justified when based on expert assessments of public service needs, and such decisions are not subject to judicial review unless pr....
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