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‘50% ceiling in reservation only for SC/ST, OBC’: SC in EWS quota verdict

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The Supreme Court on Monday said the 50 per cent ceiling for reservation – which was fixed in 1992 in Mandal Commission case by a nine-judge bench – is applicable only to the SC/ST and OBC categories and the 10 per cent reservation economically weaker section (EWS) was over and above the limit.

Justices Dinesh Maheshwari, Bela M. Trivedi, and J.B. Pardiwala upheld the validity of the EWS quota. However, Chief Justice U.U. Lalit and Justice S. Ravindra Bhat, held the amendments by creating a different kind of criteria, becomes a gateway for further infractions which, in fact, would result in compartmentalization.

Justice Bhat, who authored the judgment for himself and on behalf of the Chief Justice, said: “The impugned amendments by creating a different kind of criteria, have to be viewed separately and that Indra Sawhney was confined to reservations in Articles 15(4) and 16 (4) is because permitting the breach of the 50 per cent rule as it were through this reasoning, becomes a gateway for further infractions whereby which in fact would result in compartmentalisation; the rule of reservation could dealt well become rule of equality or the right to equality, could then easily be reduced to right to reservation…”

He added that the observations of Dr B.R. Ambedkar have to be kept in mind that the reservations are to be seen temporary and exceptional or else they would “eat up the rule of equality”.

Justice Bhat said: “I find that there is no need for a specific finding on the 50 per cent cap, or its breach of the basic structure; however I deem it necessary to sound a note of caution, on the consequence of upholding the reservation, thereby, breaching the 50 per cent limit.”

He also sounded cautionary note as 69 per cent reservation in Tamil Nadu was pending adjudication and the majority view may seal its fate without hearing the parties concerned.

“The view of the members of this bench constituting the majority – that creation of another class which can be a recipient of up to 10 per cent of the reservation, over and above 50 per cent, which is permitted under Articles 15(4) or 16(4), in my considered opinion, therefore, has a direct bearing on the likely outcome in the challenge in that proceeding. I would therefore sound this cautionary note since this judgment may well seal the fate of the pending litigation – without the benefit of hearing in those proceedings,” he said.

On the other hand, Justice Maheshwari said the ceiling limit itself is not inflexible and in any case, and it applies only to the reservations envisaged by Articles 15(4), 15(5) and 16(4) of the Constitution.

He said that the 50 per cent ceiling proposition would obviously be applied only to those reservations which were in place before the amendment in question. “Prescription of ceiling limit of 50 per cent, being apparently for the benefit of general merit candidates, does not provide any justified cause to the candidates standing in the bracket of already available reservation to raise any grievance about extra 10 per cent reservation for the benefit of another section of society in need of affirmative action,” he said.

Crime

Delhi Crime Branch busts auto-lifter network, three arrested; five stolen cars recovered

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New Delhi : The Delhi Police Crime Branch has arrested three alleged members of an organised auto-lifting and vehicle disposal network involved in the theft and resale of cars, recovering five stolen vehicles, 104 forged High Security Registration Plates (HSRPs) and 24 forged Registration Certificates (RCs), officials said on Monday.

According to a press release issued by the Crime Branch, the accused have been identified as Amit Nagar alias Sonu, 35, a resident of Rohini; Atom Jagat Singh, 45, of Imphal East, Manipur; and Potsangbam Mukesh Singh, 28, also from Imphal East.

The Crime Branch said the gang was allegedly operating under the leadership of Nagar and had a network extending across several states. The police said Nagar disclosed during interrogation that he had supplied more than 100 stolen high-end cars to receivers in different states across India.

“In a well-planned operation, the gang leader, Amit Nagar @ Sonu, was arrested following invocation of the MCOCA,” the Crime Branch said in its release.

The investigation began with the scrutiny of vehicle theft cases, CCTV footage and field Intelligence. On May 12, police apprehended Potsangbam Mukesh Singh from Chhatarpur Enclave Phase-II and recovered forged RCs from his possession. A subsequent search of his rented premises led to the recovery of an instrument used for fixing registration plates, 104 forged HSRPs and 22 forged RCs.

At his instance, a stolen Maruti Baleno was recovered from Wazirabad. On May 14, police arrested Atom Jagat Singh and recovered another stolen Maruti Swift from Mukherjee Nagar at his instance.

Amit Nagar was arrested on July 28, following which a stolen Maruti Swift Dzire was recovered, police said. During the investigation, the Crime Branch said it found that Nagar allegedly operated a network through associates who purchased stolen vehicles and arranged their disposal in other states.

On August 13, two more stolen vehicles, a Kia Seltos and a Hyundai Creta, were recovered from Ukhrul district in Manipur, near the Myanmar border, at the instance of Atom Jagat Singh. Police said the vehicles had been stolen in Delhi and were allegedly brought to the border area for disposal and were intended to be sold to underground groups.

The Crime Branch said the alleged syndicate used duplicate keys, electronic equipment and computer-based devices to bypass vehicle security systems and target high-end cars and SUVs. It also allegedly used forged registration documents and number plates to facilitate the resale of stolen vehicles.

The police said the accused operated through associates in states including Manipur, Nagaland, Rajasthan, Punjab, Assam and West Bengal. The investigation is continuing to identify other alleged members of the network, trace additional stolen vehicles and establish the complete chain involved in their theft, transportation and disposal.

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Junior doctors across Andhra Pradesh intensify strike to demand hike in stipend

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Amaravati : Demanding a hike in stipend, junior doctors across Andhra Pradesh on Monday began a total boycott of emergency services, disrupting healthcare delivery in government medical colleges and teaching hospitals.

Andhra Pradesh Junior Doctors’ Association (APJUDA) had given a call for the boycott of emergency services to press for their demands, including long-pending stipend revision.

About 9,000 resident doctors, medical interns, junior residents, super-speciality postgraduates, senior residents, and doctors deployed under the District Residency Programme (DRP) scheme were staying away from duties, affecting Intensive Care Units, casualty wards, and labour rooms.

Junior doctors in all 19 government medical colleges in the state are participating in the strike.

The phased strike began on August 11 with a time-bound withdrawal of non-emergency services. With no written assurance coming from the government, APJUDA intensified its protest.

Non-emergency healthcare services remained fully suspended across all government teaching hospitals, superspeciality units, and peripheral medical colleges.

The government said it has made arrangements to ensure that patients do not face difficulties due to the junior doctors’ strike. The department of health is continuously reviewing the situation with District Collectors, medical college principals, and hospital superintendents.

Additional doctors are being kept on standby wherever needed. Special arrangements are being made to ensure the uninterrupted functioning of emergency departments, ICUs, maternity services, operation theatres, NICU, PICU, dialysis units, and trauma services, it said.

Measures are being taken to ensure the availability of medicines, oxygen, blood, and essential medical supplies, said an official release.

According to APJUDA, the stipend hike has been pending since January 1. As per an order issued by the Health, Medical and Family Welfare Department in 2009, there will be a biennial revision of junior doctors’ stipends by about 15 per cent.

APJUDA leaders said despite repeated appeals, the authorities failed to give a clear assurance on a stipend hike, forcing them to go on strike in a phased manner.

While APJUDA demanded a 15 per cent hike in stipend, the government has offered a 3 per cent hike for postgraduate junior doctors and a 5 per cent hike for house surgeons and interns.

APJUDA is also demanding implementation of National Medical Commission norms in recruiting MSc and PhD holders to clinical faculty posts. It is also opposing a proposed increase in the retirement age of doctors from 62 to 65 years.

The government said during the talks APJUDA was informed that although the Finance Department is not favourably inclined towards a 15 per cent hike given the current financial situation, there is a proposal to implement a specific percentage increase annually for interns and PG students.

It assured them that this annual increment process would be maintained. The government urged the junior doctors to accept the proposed hike, taking into account the state’s financial condition and the implementation of public welfare schemes.

According to an official release, the government spends approximately Rs 586.08 crore annually on stipends for 9,501 junior doctors.

If the demand for a 15 per cent hike in stipend is accepted, the government will incur an additional annual expenditure of approximately Rs 87.91 crore.

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Business

Commercial flight operations begin at Andhra’s Bhogapuram as Visakhapatnam airport slips into history

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Visakhapatnam : Commercial flight operations commenced at the newly developed Alluri Sitarama Raju International Airport at Bhogapuram in Vizianagaram district from midnight as Visakhapatnam Airport in Andhra Pradesh slipped into history.

All commercial operations at the Civil Enclave at Visakhapatnam Airport (INS Dega) shifted to Bhogapuram Airport, about 45 km away, with effect from 00.01 hours on Monday (August 17).

The International Air Transport Code “VTZ” for Visakhapatnam Airport was transferred to Bhogapuram International Greenfield Airport. Scoot Airlines’ flight to Singapore was the first to take off from the new airport around midnight.

IndiGo flight from Hyderabad landed at Bhogapuram Airport at 6.45 a.m. GMR representatives, airport and Vizianagaram district officials welcomed the flight. Passengers were presented with Etikoppaka toys as mementoes.

First domestic flight from the new airport took off for Hyderabad at 7.30 a.m. Later flights to Bengaluru, Delhi and Hyderabad were operated.

Earlier, teary-eyed staff at Visakhapatnam Airport bid an emotional farewell to the last flight, which took off at 10.45 p.m. on Sunday. IndiGo 6E 2018 was the last flight to take off for Delhi.

Built during World War II and opened to civilian operations in 1962, the airport has been a key part of Visakhapatnam’s aviation history. However, the shifting of airport operations to Bhogapuram has rendered about 1,000 people unemployed at Visakhapatnam Airport. The workers have appealed to the state and Central governments to provide them alternate jobs.

According to the notification issued by the Civil Aviation Ministry late last month, the commercial operations at the Civil Enclave at Visakhapatnam Airport (INS Dega) will cease for 30 years, except for airport activity at time of national emergency or by aircraft owned or operated by or for the Indian Air Force or other Armed Forces of India or police or any such other authorities or for transportation of dignitaries by special government owned, leased or hired VIP aircraft.

Authorities are operating 20 electric buses from Visakhapatnam to Bhogapuram Airport for the convenience of air travellers.

IndiGo, Air India Express and other airlines are operating services to domestic destinations like Hyderabad, Tirupati, Chennai, Bengaluru, Delhi, Kolkata and Mumbai. Scoot Airlines and Air India operate flights to Singapore while IndiGo operates flights to Abu Dhabi.

All airlines shifted their operations from Visakhapatnam Airport to Bhogapuram Airport.

According to officials, 31 flights will be operated from Bhogapuram Airport on the first day. About 6,000 to 7,000 passengers will travel by these flights.

Prime Minister Narendra Modi inaugurated Bhogapuram Airport on August 1.

Developed and operated by GMR Visakhapatnam International Airport Limited (GVIAL) under the Public Private Partnership model at a cost of nearly Rs 4,727 crore, Bhogapuram is among the fastest-completed Greenfield international airports in India. It was completed within 31 months, nearly five months ahead of schedule.

The airport has been designed to handle six million passengers annually in the first phase, with a master plan to expand capacity to 40 million passengers annually in the future.

Its airside infrastructure includes a 3,800-metre Code 4E runway, capable of handling wide-body aircraft such as the Boeing 777, Boeing 787 Dreamliner, Airbus A330 and Airbus A340, a parallel taxiway, rapid-exit taxiways and 18 aircraft stands.

The airport is also equipped with advanced airfield lighting, navigation aids and CNS/ATM infrastructure to support both domestic and international operations.

The project is expected to play a pivotal role in boosting economic growth, tourism, industrial investment, exports, logistics, and the aerospace and defence sectors across the erstwhile Visakhapatnam, Vizianagaram, and Srikakulam districts.

The integrated project spans 2,703.26 acres, including 2,203.32 acres for the airport, 500 acres for the aviation hub, and 136.63 acres for Aviation University/EduCity.

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