Twice challenged

nA person with 40 per cent disability applied for admission to an MBBS course under the quota provided by the Persons with Disabilities Act. The Act stipulates that seats will be reserved for those with 40 per cent disability. But the director of medical education rejected the candidate’s application, saying that only candidates with 50-70 per cent disability would be considered. On appeal, the division bench of the Madras High Court upheld the petitioner’s claim and said the executive could not override the legislature and prescribe a higher level of disability (P. Rajaprabharan vs Secretary to the Tamil Nadu higher education department).

For some quiet

Diesel generator manufacturers were asked to instal acoustic devices on the sets to comply with Section 7 of the Environment Protection Act. A manufacturer challenged such direction as violative of Article 21 (right to life and livelihood) and also contended that Section 7 came into play only when generators were used. So, it was the consumer’s duty to have such a device fitted. But the Delhi High Court held that it was the manufacturer’s duty to make the product in such a way that its use wouldn’t be an offence. (M/s Jackson Co vs Union of India).

Board pulled up

The Bihar school examination board makes it mandatory for private candidates to clear the preliminary exam before sitting for the board exam. The results of a student, who appeared for the secondary examination, were withheld as he had not appeared for the preliminary exam. The Patna High Court directed the board to publish the result because the student had not committed any fraud. The board had every opportunity to scrutinise the application before issuing the admit card, it said. Where the board had been irresponsible, the student could not be penalised (Deepak Kumar vs Bihar school examination board).

SOLON