Two SC Judgments favouring Private Parties just before CJI retirement

19
698

The Facts are discussed here:

Supreme  Court has recently declared two judgments which has been favored by the Bench presided by the Chief Justice of India (CJI) just before his retirement.

The first judgment is: Supreme Court permits Mumbai Dance bars to reopen

The Dance bars which were banned in Maharashtra for 7 years can now run again as the Supreme Court has given the green signal upholding a Bombay high court verdict quashing the state government’s order.

Govt of Maharashtra had in 2005 brought in an amendment in the Bombay Police Act which was challenged in the high court by an association representing restaurants and bars.

The dance bar owners will now have to apply for a license to the government before reopening.

The Second Judgment is: NEET Exam quashed by Supreme Court of India

The Supreme Court has finally given its judgment on NEET and has quashed the National Eligibility cum Entrance Test (NEET) for admission in MBBS, BDS and post-graduate medical courses.

The NEET is a single entrance-cum-eligibility-test for admission in all medical colleges in India.

A three-judge bench by a 2:1 judgment, Apex Court said that the Medical Council of India had no powers to conduct single entrance examination.

The common aspects in both the judgments are noticed here:

1. Both the verdicts are against the government and are in favour of Private Parties.

2. Both the subjects engage hundreds of Crores Rupees business every year for Private Parties – Dance Bars  and  Private Colleges who sell MBBS seats on caption.

3. Both the verdicts are not good for general Public at large.

4. Both the judgments ignored the rational of social justice.

In 2-1 Verdict Justice A.R. Dave said he did not share the view of Justices Kabir and Sen. “Holding of National Eligibility Entrance Test (NEET) is legal practical and is the need of the society. Hence, I have dissented,” Justice Dave said.

It can be assumed that whenever the Government  want to do something good for the Society as well as the Nation, The Courts of Justice used to function like The Courts of Law ignoring broader spectrum of Social Justice, The basic Preambular concept of The Constitution of India, for the reasons known only to those Judges delivering Verdict.

What are your Views on this?

Do you feel  that the judgements are right decisions given by the highest court of India ?  Or…. Do you feel mamla Gadbar hai ?

Please use the comments section below

Dr. R Prabhakar
Advocate & Overseas Legal Consultant, High Court of Andhra Pradesh at Hyderabad … INDIA.

19 COMMENTS

  1. Here with this judgement Mumbai police had burdened with some more security issues and in NEET now it is become legal business in education stream for pvt Medical colleges…

  2. Truly appreciate your good analysis of these two judgments and their circumstances. Once again money and muscle seem to have won at the expense of aam admi. I hope the Maharashtra government will go for an appeal to full bench.

  3. I do not agree with both the decisions of hon’ble supreme court. These decisions will benefit only the money makers and not the society at all. Every body knows what happens for admission in private medical education institutes and dance bars. Both decisions should be reviewed by larger bench of supreme court.

  4. In the case of dancers in bar, I think law should be same for lower end restaurants and for higher end hotels and bars and this judgment has corrected the same by bringing both at par. In the case of NEET I think it is not in the good taste for society. Private colleges will start charging capitation fee and the end result poor quality of professionals.

  5. Mamla Gadbad Hai ….jee
    Honorable Supreme court has ignoring broader spectrum of Social Justice, now its become a legal business in education stream for pvt Medical colleges.
    I think honorable court should not give such verdicts in keeping view of general Public and for the sake of society at large, Instead of suggesting any other option like try to further creation and form any such statuary body who can conduct the NEET exam they have simply allowed to open corruption and supported to creamy layer, I could not understand how and why court has Forgot to poor-but-intellectual students who might be find the space for creation of their carrier with NEET exam, and also to minority SC/ST/OBC etc ……… who also can not afford multiple and expensive exam of pvt medical college and their huge capitation fee etc.

  6. There are two things for who are in favor of the judgments here.
    1. The persons are to be invited to the dance bars along with their kith and kin to have a nice time.
    2. The persons have to be given medical treatment only with those doctors who got benefited out of this judgment.

  7. I agree to the view of Dr. R. Prabhakar. Both the judgements are absolutely against the publice policy. By quashing NEET, the Apex court has granted an open license to the private collage owners to do the business of education. And by allowing reopening of Dance Bars the Court has again opened the doors of a heinous life of garls/women. here I suppose the Court has forgotten that each one of them is a father, a husband, a brother & a son. It is really very much painful that at the stage of the retirement a person can do wrong to the society at large.

  8. Our Constitution provides us some fundamental rights and right to carry on any occupation, trade or business is one of the rights subject to some limitations, however the Judgment on the Dance bar issue is a landmark Judgment given by the Supreme court

  9. Hnourable sc has not given decision in favour of common people in case of dance bar today may be it will be fine but in future there will be lot many problems regarding dance bar then court will take many years to solve that problem.

  10. SC decesion is well, but adverse effect will be done because the bar owners not followed the conditions laid down for dance bar,also concerned authority fails to take action against such person properly.

This site uses Akismet to reduce spam. Learn how your comment data is processed.