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SUREPALLI NANDA
Shaily Mahesh Agarwal – Appellant
Versus
Centre for DNA Fingerprinting – Respondent
ORDER :
Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondent.
2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the proceedings dated 11.03.2022 issued by the respondent as unconstitutional, arbitrary and opposed to the principles of Natural justice and to set aside the same and consequently direct the respondent to restore the access of the petitioner to the residential complex in the institute and to pay the HRA that has been deducted from April 2022.
3. The case of the Petitioner, in brief, is as follows:
a) Petitioner is hailing from Maharashtra, having qualified the National Level PhD entrance exam in 2019 (CSIR-NET and DBT) and also the interview conducted by the respondent institute and having joined as Junior Researcher Fellow in the respondent institute, currently the petitioner is in 3rd year of PhD programme pursuing research on Molecular Oncology and has been upgraded to a Senior Research Fellow and receives a monthly fellowship amount of Rs. 35,000/- (Rupees Thirty Five Thousand only).
b) On the night of 28.1
The main legal point established in the judgment is the significance of precedent and the doctrine of stare decisis in determining the applicability of legal provisions, such as the definition of 'St....
The main legal point established in this judgment is that an entity can be considered 'the State' within the meaning of Article 12 if it is financially, functionally, and administratively dominated b....
The main legal point established in the judgment is the criteria for determining whether an entity falls within the purview of Article 12 of the Constitution of India, emphasizing the importance of p....
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
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