Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interlocutory order - In admission matters when Institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Interlocutory order - In admission matters, when Institutions not accorded approval - On facts, communication. by the Government of India as regards, non-approval of Scheme submitted by Dental College for starting MDS course in two specialties - Challenge to - Interim order passed by the High Court - Stay of the communication until next date, observing that admission process undertaken by the institution would be at its own risk and the college would intimate the students intending to take admission to MDS course about the said order - On appeal, held: Court should not pass such interim orders in the matters of admission, more so, when the institution had not been accorded approval - Such interior orders likely to cause chaos, anarchy and uncertainty - High Court may feel that while exercising power u/Art. 226, it can pass such orders with certain qualifiers as has been done by the impugned order, but it really does not save the .situation - By virtue of interim order, the court granted approval in a way which was the subject matter of final adjudication before it - Institution might be directed to inform the students that the matter is sub judice, but the career oriented students get into the college with the hope and aspiration that in the ultimate eventuate everything would be correct for them and they would be saved - In view thereof. order passed by the High Court unsustainable - To strike a balance, students who were admitted by virtue of the interim order, are prosecuting their studies, to be allowed to continue their courses, but their seats to be adjusted from the academic session 2017-2018 - Respondent-college cannot be allowed to get a premium - Thus, apart from the adjustment of seats for the next academic session , college to deposit a sum of Rs. 30 Lakhs before the Registry of this Court within the stipulated. period.Precedent - Binding precedent - Held: Judge to constantly remind himself about the precedents in the field and not to be swayed away by his own convictions - Purpose to follow precedent is to have consistency - In the instant case, the precedents are clear and luculent - It does not allow any space for any kind of equivocation - No reason to have passed an interim order. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 332 |
Petitioner | Dental Council Of India |
Respondent | Dr. Hedgewar Smruti Rugna Seva Mandal, Hingoli & Ors. |
SCR | [2017] 2 S.C.R. 840 |
Judgement Date | 2017-04-11 |
Case Number | 4926 |
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