Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education - MBBS course - Admission - Eligibility - NRI Category quota |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education - MBBS course - Admission - Eligibility - NRI Category quota - Prospectus issued by appellants challenged by respondent on ground that she being a Canadian Citizen was an NRI, that, therefore, she was entitled to seek admission to the MBBS course in the NRI category quota but yet the definition of NRI as specified in the prospectus would denude her of such status and, therefore, it was liable to be struck down - Entitlement to relief - Held: There was total lack of diligence on the part of respondent in her decision to work out her remedies in the Court of law - In such of those cases where the Court or Board is not in a position to grant relief within the time schedule due to fault attributable to the candidate concerned, like the case on hand, there should be no hesitation to deny the relief as was done by the Single Judge of High Court - Ultimate direction of the Division Bench of the High Court in having directed the appellants to provide admission to respondent without her participation in the admission process and thereby causing prejudice to the rightful claims of the candidates who validly made their applications cannot be countenanced as that would amount to setting up a bad precedent in all future cases - If the direction of Division Bench is allowed to operate, it would amount to paying a premium for respondent's inexplicable delay in working out her remedies.Equity - Entitlement to equitable relief - Conduct of the party - Inexplicable delay in working out remedies - Effect of. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2014 INSC 579 |
Petitioner | Chandigarh Administration & Another |
Respondent | Jasmine Kaur & Others |
SCR | [2014] 9 S.C.R. 1122 |
Judgement Date | 2014-09-01 |
Case Number | 8377-8378 |
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