The Supreme Court on Friday directed the Andhra Pradesh High Court to hear a petition on January 23 related to a Government Order (GO) restricting the police from granting permission for public meetings and rallies.

The directions were issued by the Bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justice P.S. Narasimha on a writ petition filed by the Andhra Pradesh government, challenging the interim order passed by the Vacation Bench of the High Court on January 12, staying the GO on public meetings. 

The Apex Court, while directing Chief Justice of Andhra Pradesh High Court Prashant Kumar Mishra to look into the matter personally, said that since the matter was listed before the High Court, it would not interfere as of now.

The top court of the country further said that it had kept open the rights and contentions of parties.

The Vacation Bench of the High Court had stayed the January 2 GO  on the grounds that prima facie, it was contrary to the procedure prescribed under Section 30 of the Police Act.

The state government contended before the Apex Court that it had been plagued by the multitude of fatalities caused during political rallies and roadshows. 

In order to reduce the fatalities, the Andhra Pradesh government had advised the State Police Department to refrain from granting permissions for such public meetings, said the petition.

It added that the Vacation Bench ought not to have taken up the matter because the notification of the High Court dated January 5, 2023 regarding listing of matters before the Vacation Bench clearly stated that no policy and administrative matters shall be taken up during vacation.

As per the plea, the GO was clearly an administrative and policy matter and hence, any order passed by the Vacation Bench regarding the GO, let alone staying its operation, was without jurisdiction, since it is passed by a coram non judice.

New Delhi: The High Court of Himachal Pradesh has set aside the government order making tuition fees of private schools optional.

The bench of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua quashed two conditions of the government notification of May 27 and allowed private schools to charge monthly tuition fees and to enforce collection of the same. The past tuition fees due towards the private schools have also been  permitted to be realized by them without charging any fine/late fees after giving two months notice.

The bench, however, clarified that a genuine representation of a parent regarding his/her inability to pay the tuition fee due to financial issues arising out of the lockdown shall be referred to the competent authority of the concerned school and the authority shall examine it within one week from the date of representation and a sympathetic decision in accordance with law shall be taken thereupon.

The private schools submitted that apart from tuition fees, they are also entitled to collect the transport charges. The transport charges cover not only the maintenance and fuel of vehicles but also cover the insurance payments, loan installments, taxes, salaries of transport staff. Further, it was submitted that annual charges levied by the schools among others cover repayment of loans taken for building infrastructure of the school and would also be required for carrying out further improvements in the new world viz setting up online educational facilities, payment to software hosts, proposed sanitization of premises on reopening etc.

The bench observed:

“The impugned notifications were issued by the State practically in a state of emergency therefore perhaps principles of natural justice were not complied before their issuance. Further lockdown is gradually being lifted by the State government. The commercial scenario at present is also not the one, which was prevailing few months ago”

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The bench hence directed the state to revisit the guidelines imposed on the private schools and a fresh decision to be taken within a period of four weeks.

The matter has been listed for compliance on October 5.

-India Legal Bureau

The Bombay High Court has upheld the Government Order laying down certain restrictions on citizens traveling to Konkan region for Ganesh Festival-2020. The Court has held that the order dated 07.08.2020, does not infringe on any fundamental rights of the citizens and have been issued to ensure that the citizens do not face difficulties in visiting their native places in Konkan region.

A division Bench of Justices K.K. Tated and Milind N. Jadhav has observed that the directives were issued in order to contain the spread of Covid-19 disease and were therefore reasonable and in accordance with the various Government Orders and circulars.

A petition was filed challenging Government Resolution issued by the Director of Disaster Management, Government of Maharashtra on grounds that it was unconstitutional and interfered with the fundamental rights of the petitioner, curbing their freedom to travel to Ratnagiri District in Konkan region to celebrate Ganesh Festival – 2020.

According to the notification, citizen going to Konkan for Ganesh Festival upto 12th August 2020 by S.T. buses of Maharashtra State Transport Corporation or by other private vehicles, were to be in home quarantined for 10 days, and those who go to Konkan after 12th August 2020 would be allowed to travel only after they test negative for Covid-19.

According to the petitioners, the restriction of quarantine being propagated as a measure to control the spread of Covid-19 virus is unnecessary and worst as it infringes upon the fundamental right of the petitioner guaranteed under the Constitution.

The Court found it surprising that the petitioner did not refer to any Government order issued earlier by the State regarding restrictions and quarantine in order to contain the spread of Covid-19 disease.

This in itself calls for dismissing the petition at the outset when the Government of India had initiated several preventive steps by invoking The Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 and had announced a National lockdown .

The Court observed that in order to contain the spread of Covid-19 social distancing is one of the most significant factor which is required to be followed by each and every citizen and quarantine is significant as well as it is directly related to bringing down the number of Covid-19 cases. If a citizen travels from one place to another i.e. to a different region or district, then effective steps need to be taken to contain the spread of the virus

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According to the Court, the Government’s order needs to be appreciated as it was issued to ensure that effective steps were  taken to contain the spread of Covid- 19, especially where transportation of citizens from one region to another is concerned.

Read the Order here;

-India Legal Bureau