Introduction:

The Allahabad High Court grants bail to Maulana Syed Mohammad Shabibul Husaini, a Muslim Scholar accused of issuing a fatwa to kill Jitendra Narayan Singh Tyagi (Waseem Rizvi), a former Shia Waqf Board chairman, who converted to Hinduism. The court criticizes the Gujarat Public Service Commission’s rigid stance, emphasizing the importance of compassion in administering rules. Justice Kariel rebukes the GPSC, stating, “You are dealing with human beings, not things.” The court urges a balance between rules and humanity, especially in extraordinary circumstances like a pregnant candidate seeking consideration during her delicate condition.

Arguments:

The GPSC, citing its rules, contends that candidates convicted of heinous offenses, such as NDPS Act violations, aren’t entitled to ordinary leave, emphasizing the clarity of the regulations. The petitioner, a pregnant woman, seeks a five-day leave to attend a family event. The court challenges the GPSC’s inflexible stance, emphasizing the exceptional circumstances surrounding the case. The petitioner’s counsel underscores the urgent nature of the recruitment process, arguing against any deviations from established rules.

Court’s Judgement:

Justice Kariel firmly critiques the GPSC’s rigid adherence to rules, emphasizing that rules are meant to deal with people, not inanimate things. The court acknowledges the extraordinary nature of the petitioner’s circumstances, questioning the adversarial attitude displayed by the GPSC. The judgement insists on compassion, granting leeway in extraordinary situations, especially when considering a candidate’s genuine reasons for non-compliance. The court stresses the discretionary power of officers to decide with reasonability, reaffirming that humanity should prevail over strict adherence to regulations.