Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Education - Medical stream - Post Graduate Courses - Admission - Appellants cleared State Medical Entrance Examination A B but did not make it to first round of counselling - Writ petition by appellants contending that in terms of the Information Brochure there ought to be minimum three rounds of counselling and then a mop-up round of counselling also ought to be held if sufficient number of seats were left unallotted, and since the same were not conducted, number of seats were lying vacant leading to waste of government resources - Writ petition dismissed - Held: In the instant case, admission to post graduate courses for the academic session 2016-17 in the State of U.P stood concluded as per the decision by Supreme Court in Dinesh Singh Chauhan on 16.08.2016 - However, the appellants approached High Court only on 01.09.2016 - They did not choose to move Supreme Court when the said case was pending despite being aware that such a litigation was pending - It was only after certain orders were passed by Supreme Court in Dinesh Singh Chauhan's case, that the appellants got the wake up call to agitate their grievance - Law does not assist the non-vigilant - It is well settled that no one should suffer any prejudice because of the act of the Court- However, the maxim 'actus curiae neminem gravabit' cannot operate in vacuum and has to get sustenance from the facts - Said maxim is not applicable in the facts of the present case - impugned judgment not interfered with - Maxims - 'Actus curiae neminem gravabit'. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 239 |
Petitioner | Neeraj Kumar Sainy And Ors. |
Respondent | State Of U.p. And Ors. |
SCR | [2017] 4 S.C.R. 881 |
Judgement Date | 2017-03-21 |
Case Number | 11974 |
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