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Successful UPSC aspirants have no right to be allocated cadre of their choice or home state: SC | India News – Times of India

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NEW DELHI: The Supreme Court on Friday said that successful civil services aspirants have no right to be allocated a cadre of their choice or their home state, and also noted that before selection they opt to serve anywhere in the country “with eyes open” but later “scramble” for home cadre.
The historic judgement in the Mandal case was also cited by the apex court to observe that the candidate belonging to the SC/ST or OBC category, if found suitable by the Union Public Services Commission(UPSC) for selection on merits under general category, “shall be appointed against unreserved vacancies”.
The observation of the top court came on an appeal of the Central government against a verdict of the Kerala High Court which had asked it to grant home cadre Kerala to A Shainamol, a Muslim woman IAS officer who was posted in Himachal Pradesh.
A bench comprising Justices Hemant Gupta and V Ramasubramanian set aside the verdict of the High Court asking the Centre to grant Kerala cadre to the woman IAS officer.
The bench also held that if a candidate hailing from reserved Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Class (OBC) category does not take benefit of quota and gets selected in the general category then later he or she cannot take recourse to reservation for getting cadre or place of appointment of choice.
“The allocation of cadre is not a matter of right. It was held that a selected candidate has a right to be considered for appointment to the IAS but he has no such right to be allocated to a cadre of his choice or his home state. As stated above, allotment of cadre is an incidence of service.
“The applicant as a candidate for the All-India Service with eyes wide open has opted to serve anywhere in the country. Once an applicant gets selected to service, the scramble for the home cadre starts…,” Justice Gupta, writing the 36-page judgement for the bench, said.
Referring to the Indian Administrative Service (Recruitment) Rules, the bench said the procedure for allocation of cadre is a mechanical process and admits no exception except in terms of the rules.
“The state has no discretion of allocation of a cadre at its whims and fancies. Therefore, the tribunal or the high court should have refrained from interfering with the allocation of cadre on the argument of the alleged violation of the allocation circular,” the top court said.
Shainamol secured 20th rank in the UPSC civil services examination in 2006 and she despite belonging to the Muslim OBC category was selected under the general category and was allocated Himachal Pradesh cadre after the Centre sought consent of the Himachal Pradesh government on November 13, 2007.
She then moved the Ernakulam Bench of the Central Administrative Tribunal(CAT) which directed the Centre to allot and accommodate her against “the outsider OBC vacancy in the Maharashtra cadre by virtue of her merit over the candidate already identified and allotted the Maharashtra cadre.”
Both the Centre and the IAS officer challenged the verdict in the Kerala High Court which allowed the plea of the government challenging the direction of the Tribunal to accommodate the IAS officer in the Maharashtra cadre was allowed.
However, the high court also allowed the plea of the IAS officer seeking the declaration that she was eligible to be allotted the Kerala cadre.
The top court allowed the Centre’s appeal saying the applicant though belonging to OBC has not availed any relaxations or concessions admissible to OBC candidates. “She was a general merit candidate, thus not entitled to OBC reserved seat in her State. She was allocated to Himachal Pradesh cadre as a general category candidate falling in Rule 7(3) in view of her merit position as a general category candidate.”
The bench examined the question of whether consultation in respect of allocation of cadre is required to be done with the state from which the candidate belongs or with the state to which the candidate is being allocated.
“The entire basis of the claim of the applicant is that there was no consultation with the State of Kerala. The said argument is however untenable. The applicant was allocated to the State of Himachal Pradesh and there was consent duly given by the State of Himachal Pradesh for her allocation to that State. In fact, no consultation was required to be carried out in respect of the applicant with Kerala State,” it held.





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phallian mandal: Cop among 2 more persons held in Jammu weapon dropping case | India News – Times of India

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JAMMU: Jammu police have arrested two persons, including a policeman, from Anantnag district of Kashmir in Phallian Mandal weapon dropping case of October 2.
With this arrest, three persons have so far been arrested in the Phallian Mandal weapon dropping case lodged by Satwari police of Jammu.
“Two persons have been arrested from Anantnag in connection with the weapon dropping case in Phallian Mandal area of Makwal under the jurisdiction of Satwari police station,” a police source said.
“They have been identified as selection-grade constable Ishfaq Malik of Verinag and Ghulam Rasool of Anantnag. The arrested persons were in contact with the handler in Pakistan and they had information about the weapons dropped by drones,” the source added.
Sources further said that the duo has been brought to Jammu for questioning.
The arrests come 10 days after the nabbing of a Laishker-e-Toiba (LeT) associate on October 12. Irfan Ahmed Bhat, a resident of Verinag in Anantnag distrct, was tasked by his Pakistani handlers to receive the consignment of weapons, air dropped on October 2. During interrogation of by a special investigation team formed in the case, he gave away some vital clues.
Mukesh Singh, ADGP Jammu Zone said Bhat has confessed that he was in touch with his handlers across the border and that he is associated with the Lashkar-e-Taiba (LeT) terrorist outfit.
One AK series rifle, three magazines, 30 rounds of bullets and one optical sight device were recovered from the site of the weapon dropping.





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T20 World Cup: Sri Lanka thrash Netherlands by 8 wickets to top group, play Bangladesh in Super 12 | Cricket News – Times of India

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SHARJAH: Already qualified for the Super 12s, Sri Lanka thrashed Netherlands by eight wickets in their final T20 World Cup first round match with the spin duo of Wanindu Hasaranga and Maheesh Theekshana bamboozling the opposition batters on Friday.
The inconsequential match ended inside two hours, as Sri Lanka first bundled out the opposition for a paltry 44, the sixth lowest total in T20 history, and then cantered to the target in just 7.1 overs.
Scorecard
The chase was a walk in the park, as opener Kusal Perera, blazed his way to an unbeaten 33 off 24 balls, as he tore apart the Netherlands attack.
It was Sri Lanka’s third win in as many matches and they topped Group A with six points. They now take on Bangladesh at the same venue on Sunday in their first Super 12 match.
The day surely belonged to the young Sri Lankan spinners, Hasaranga (3/9) and Theekshana (2/3), who spun their web around the Netherlands to bowl them out in 10 overs.

The 44-run total by Netherlands was the second lowest in T20 World Cup history.
Put in to bat, Netherlands lost in-form opener Max O’Dowd (2) cheaply, as he was run-out in the first over, courtesy a direct hit by rival skipper Dasun Shanaka.
It soon became 19/2 as young off-spinner Maheesh Theekshana used the carrom ball to perfection, as he cleaned up Ben Cooper (9).
Theekshana was on a roll, as he picked up his second wicket in the same over, again using the carrom ball to castle Stephan Myburgh (5). Netherlands was teetering at 20/3 at that stage.

Sri Lanka were surging as leg-spinner Wanindu Hasaranga (3/9) scalped two wickets in the fifth over.
First, he trapped Colin Ackermann (11) in the front, as the Dutch were in all sorts of trouble at 31/4.
Hasaranga, in a similar fashion, removed Bas De Leede (0) as Netherlands lost half their side for 32.
It was a procession for Netherlands batters as Roelof van der Merve (0) and skipper Pieter Seelaar (2) also went cheaply.
The rival skipper was again trapped in the front by Hasaranga, who produced a stellar show on a track which aided the spinners.
Right-arm pacer Lahiru Kumara (3/7) then sent the lower order packing, claiming three wickets in the 10th over, as misery continued for Netherlands, who were bowled out in just 60 balls.
While chasing, Sri Lanka lost opener Pathum Nissanka (0) in the second over, but Perera saw the team home without much fuss, as he took the Netherlands attack to cleaners, hammering six fours in the process.
Charith Asalanka, who replaced Dinesh Chandimal, could not make most of the opportunity, as he departed for six. But eventually left-handed Perera took the team home in company of Avishka Fernando (2 not out).





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piran kaliyar: Illegal Bangladeshi immigrant arrested from Roorkee with forged documents | India News – Times of India

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MEERUT: The military intelligence and Local Intelligence Unit at Roorkee have arrested a 34-year-old Bangladeshi national from Piran Kaliyar in the city on the charges of forging documents to live in India. The accused has been identified as Mohammed Suhail, a resident of village Kathura Kandi in district Madaripur of Bangladesh.
According to sources in the army, Suhail first came to India in February 2020 and explored the possibility of living here permanently. “Then he came back to India on October 6, 2021, and reached Piran Kaliyar (famous for the dargah of 13th-century Sufi saint of Chishti Order, Alauddin Ali Ahmed Sabir Kalyari) on October 18.”
Local police said during questioning he confessed he had entered India illegally and reached Kolkata, after which he moved to Delhi via Bihar and on October 18 reached Piran Kaliyar. “He confessed that he came here alone and carried a fake Aadhar Card and other documents, in which his year of birth was mentioned 1996. We also recovered his original identity proof from Bangladesh that says he was born in 1987.”
Police have booked him under Section 3 of The Passports Act, Section 14 of The Foreigners Act and sections 420 (cheating), 467 (forgery) and 468 (forgery for the purpose of cheating) of Indian Penal Code.
Notably, in the last three years police have arrested over 10 Bangladeshi nationals from Piran Kaliyar, the previous being in March when a 60-year-old man was nabbed. He had been living in different parts of the country for the past 30 years.





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aryan: NCB misleading courts, Aryan has not committed any crime: Bail plea in Bombay HC | India News – Times of India

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MUMBAI: Alleging that NCB is “verily misleading the Courts”, the bail application of actor Shah Rukh Khan’s son Aryan Khan, filed before the Bombay high court for a hearing on October 26, lists several new grounds, pleading his innocence. It clearly reads he has “not committed any crime whatsoever”.
After a special trial court rejected his application for bail on October 20, the plea was filed in the HC.
The plea alleges that the NCB is “verily misleading the Courts by linking the Applicant (Aryan) with the other co-accused and to the recoveries made from such persons. The Applicant submits that save and except for Accused No. 2 (Arbaaz Merchant), who is a friend… and Accused No. 17, whose name is alleged to have been revealed by the Applicant at the time of his interrogation, he has never had any connection or contact with the other Accused.”
“The Applicant has been falsely implicated in the present case,” it says, adding that the admitted position in the NCB case is “that there has been no recovery from the person or at his behest” and the NCB is not in possession of any incriminating material against him.
“A bare perusal of the Panchnama dated 2nd October 2021 makes it clear that there was no recovery whatsoever from the present Applicant,” the plea reads.
Aryan, 23, was detained on October 2 and his substantial statement under Section 67 of the NDPS Act was recorded the next day. Since then, even though the applicant was remanded to the NCB custody till October 7, there was no investigation that was conducted in relation to him, his plea says.
It adds that no purpose would be served by his prolonged detention in judicial custody and that he “has retracted all his statements “recorded by the NCB”.
More importantly, it says, Aryan’s arrest memo dated October 3, 2 pm “does not mention any charge of Conspiracy under Section 29 of the NDPS Act or Attempt u/s 28 and yet his Remand Application of the very same day at 7 pm inexplicably includes Section 28 and 29 of the NDPS, Act.”
It adds that though the NCB remand application says his mobile was seized, there is no seizure panchanama.
“Given that no narcotic drugs or psychotropic substances have been seized from the present Applicant and the allegations, assuming without admitting them to be true, would pertain strictly to small quantities and personal consumption, the bar under Section 37(1) of the NDPS Act, 1985, would not apply in the present facts and circumstances. Thus, the Applicant ought to be enlarged on bail,” the application argues.
It further says “this is a case of no evidence at all,” stressing “it is well established that recoveries from other accused persons cannot be held against the present Applicant and nor can the entire recovery in the present case be used against the Applicant. The said principle has been laid down by the Supreme Court in the case of Amarsingh Ramjibhai Barot versus The State of Gujarat.”
The bail plea also argues that the agency did not produce any evidence on record to link him to the other accused persons. Furthermore, there is also no evidence on record to allege conspiracy between Aryan and others, his bail plea says.
“What is required to bring a person within a conspiracy is the knowledge of the dominant object of the Conspiracy and an agreement to achieve the said dominant object,” it further argues, adding that in this case “the allegations and material are completely lacking to show that (Aryan) Khan had knowledge of dominant object of the alleged conspiracy, which also has not been identified by the Respondents (NCB)”.
Citing recent judgments to show that for any conspiracy, at least a prima facie link has to be shown, the plea says in Khan’s case, there is none.





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Dubai’s investment in Jammu & Kashmir ‘major success for India’: Ex-Pak envoy Basit | India News – Times of India

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ISLAMABAD: Pakistan’s former envoy to India Abdul Basit has said the government of Dubai signing an MoU with the administration of Jammu and Kashmir for promoting industrial development in the Union territory is “a major success for India” and a setback to prime minister Imran Khan’s foreign policy.
On Monday, an agreement was inked between the Union territory of Jammu and Kashmir and the government of Dubai at the Raj Bhawan in Srinagar to ramp up infrastructure and industries in the region.
“This [signing of MoU] is a major success for India in the context of both Pakistan and Jammu and Kashmir as OIC [Organisation of Islamic Cooperation] members have always kept Pakistan’s sensibilities on Kashmir at the forefront,” Basit, a former high commissioner of Pakistan to India, said in his YouTube vlog.
Criticising prime minister Khan’s foreign policy, Basit, who was Islamabad’s envoy to New Delhi from 2014 to 2017, said it is clear that Pakistan has ceded ground to India.
“In the past, they [OIC member nations] have never done something to make Pakistan feel that Muslim nations and the OIC are not standing behind us on the Kashmir issue. They may not have been very vocal, but have ensured not to work against our sentiment on Kashmir,” he was quoted as saying by The News International newspaper.
“There should be efforts to find a solution. But is it acceptable that everything is one-sided and the ground has been ceded to India. Now, the condition is that Muslim nations are signing MoUs with India,” he said.
India’s minister for industries and commerce Piyush Goyal said the world had belief in India and that the country will play an important role in global trade in the future.
“This MoU between the Dubai government and Jammu and Kashmir administration is an example of that belief,” the minister said.
Goyal said the MoU was the first step and it will be followed by people from around the world coming to Jammu and Kashmir to invest.
Jammu and Kashmir lieutenant governor Manoj Sinha said that under the MoU, investments will come in from Dubai for development of industrial parks, IT towers, real estate, multipurpose towers, logistics and healthcare infrastructure like medical college and super-speciality hospital.





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Salman Khan starrer ‘Antim’ trailer to unveil in Mumbai’s Gaiety-Galaxy theatre on October 25; superstar likely to be present – Exclusive! – Times of India

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Salman Khan starrer ‘Antim: The Final Truth’ is all set to make a grand splash with its trailer. ETimes has it that the film’s trailer will be launched in Mumbai’s massy theatre, Gaiety-Galaxy on October 25.

A source says, “The decision has been taken. The owner and the team of Gaiety-Galaxy are working towards it. With just three days to go, the preparations have begun in full swing.”

When contacted, the exhibitor for Gaiety-Galaxy, Vinay Choksey confirmed and said, “I think Salman will come, the movie is his home production. It feels good to see that the makers of ‘Antim’ have chosen our property for the trailer launch of their movie. It is going to be a big event -almost throughout the day- and we are thrilled.”

‘Antim’ has been directed by Mahesh Manjrekar and produced by Salman Khan under the banner of Salman Khan Films. The film features Salman Khan, Aayush Sharma, Pragya Jaiswal and Mahima Makwana in main roles. Varun Dhawan will also be seen in the film in the song ‘Vignaharta’. The film is based on the 2018 Marathi film ‘Mulshi Pattern’. It is scheduled to release on November 26, 2021.



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Salman Khan to unveil his film ‘Antim’ trailer at Gaiety-Galaxy theatres on October 25 – Exclusive – Times of India

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Salman Khan starrer ‘Antim: The Final Truth’ is all set to make a grand splash with its trailer. ETimes has it that the film’s trailer will be launched in Mumbai’s massy theatres, Gaiety-Galaxy on October 25.

A source says, “The decision has been taken. The owner and the team of Gaiety-Galaxy are working towards it. With just three days to go, the preparations have begun in full swing.”

When contacted, the exhibitor for Gaiety-Galaxy, Vinay Choksey confirmed and said, “I think Salman will come, the movie is his home production. It feels good to see that the makers of ‘Antim’ have chosen our property for the trailer launch of their movie. It is going to be a big event -almost throughout the day- and we are thrilled.” Now, ETimes has it that Salman will be present along with Aayush, Mahima and Manjrekar.

‘Antim’ has been directed by Mahesh Manjrekar and produced by Salman Khan under the banner of Salman Khan Films. The film features Salman Khan, Aayush Sharma, Pragya Jaiswal and Mahima Makwana in main roles. Varun Dhawan will also be seen in the film in the song ‘Vignaharta’. The film is based on the 2018 Marathi film ‘Mulshi Pattern’. It is scheduled to release on November 26, 2021.



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rohingya: NIA files chargesheet against 4 in Rohingya trafficking case | India News – Times of India

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GUWAHATI: The NIA on Friday filed a chargesheet before a special court here against four Bangladeshi nationals for their alleged involvement in the trafficking of Rohingyas, an official said.
Mohammad Sahab Uddin, Aman Ullah, Mohammad Abdul Rahim and Saidul Alam have been charged with relevant sections of the Indian Penal Code and the Foreigners Act.
The case relates to the alleged trafficking of Bangladeshis/Rohingyas for the purpose of exploitation by Sahab Uddin and others, the official of the premier investigation agency said.
The accused were involved in the organised human trafficking of Rohingya and Bangladeshi men, women and minor children into India through inducement by offers of jobs and marriage, the official said.
The accused had arranged for transportation, accommodation and fake documents among others for the trafficked Rohingya and Bangladeshi persons, the NIA official said, adding that further investigation of the case is underway.





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‘Monument’ Merkel gets standing ovation at last EU summit – Times of India

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BRUSSELS: European leaders gave German Chancellor Angela Merkel a standing ovation on Friday at her last EU summit after a 16-year reign that helped guide the bloc through major ups and downs.
Merkel has attended a staggering 107 EU summits that saw some of the biggest twists in recent European history, including the eurozone debt crisis, an inflow of Syrian refugees, Brexit and the creation of the bloc’s landmark pandemic recovery fund.
“You are a monument,” the host of the summits, European Council chief Charles Michel, said in the closed-door homage to her, according to an official in the room.
An EU summit “without Angela is like Rome without the Vatican or Paris without the Eiffel tower”, Michel said.
He handed Merkel a perspex cube with a globe described as an “artistic impression” of the Europa building where EU summits are hosted.
Merkel, with characteristic lack of fanfare, thanked journalists for their long nights at summits, though she offered a strong word of caution on the challenges still facing the EU, and her German successor.
“I am leaving the European Union, as far as my responsibility of Federal Chancellor is concerned, at a point in time where there is cause for concern,” she said.
“We have overcome many crises but we have a series of unresolved problems,” she said, citing disputes on migration, the bloc’s economy, and rule of law in EU countries.
– ‘Compromise machine’ – Luxembourg’s Prime Minister Xavier Bettel called Merkel a “compromise machine” who “usually did find something to unite us” through marathon intra-EU negotiations.
“Europe will miss her,” he said.
Austrian Chancellor Alexander Schallenberg called her “undoubtedly a great European” and “a haven of peace, if you like, within the European Union”.
Her departure, he said, “will leave a hole”.
Her final summit, a two-day affair in Brussels, leaned once again on her soft-power skills to ease a burning row with Poland over its rejection of the EU’s legal order — something many believed could be the next existential threat to the European Union.
On the first day on Thursday, Polish Prime Minister Mateusz Morawiecki defended an October 7 ruling by his country’s Constitutional Court that said EU law applied only in specific, limited areas and Polish law prevailed in all others.
Merkel, backed by French President Emmanuel Macron, spent her considerable political capital pushing for dialogue with Poland, warning against a “cascade” of legal fights if the issue blew up into challenges before the European Court of Justice.
The message was received by the European Commission and countries such as the Netherlands and Belgium that wanted a more muscular slapdown of Poland, which they accuse of rolling back democratic norms by removing judicial independence in national courts.
– ‘Principles over self-interest’ – East-west feuding has been a recurrent theme in Merkel’s long tenure.
Her mediating role reflected both the status of Germany as the EU’s economic powerhouse with sway over many of the former Soviet-bloc countries, whose membership to the union tilted the political balance away from Paris and towards Berlin.
It also spoke to Merkel’s family background, of German and Polish descent, as well as her tactic of discreet behind-the-scenes nudging while conflicting forces exhausted themselves, before stepping in with a compromise solution.
In a surprise video posted on Twitter by the EU’s Michel, former US president Barack Obama praised Merkel as one of those rare leaders who put “their principles above any narrow definition of self interest”.
“It is a testament to your character that you’d probably enjoy working at a meeting of the European Council more than being the centre of attention like this,” he added.
Germany is still in the process of putting together a government to replace Merkel’s, following September elections she did not contest that saw her conservative CDU party handed a drubbing.





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