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Courts Should Desist From Passing Interim Orders Directing Provisional Admissions Of Students: SC [Read Judgment]

Ashok Kini
12 Nov 2018 11:37 AM GMT
Courts Should Desist From Passing Interim Orders Directing Provisional Admissions Of Students: SC [Read Judgment]
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Exercise of jurisdiction in favour of provisional admissions during the pendency of a Writ Petition exposes the students to the risk of losing precious years in case of dismissal of the Writ Petition.”

The Supreme Court on Monday, while setting aside a Madras High Court order, reiterated that courts should desist from passing interim orders directing provisional admissions of students.

SVS Educational and Social Trust had approached the high court assailing the Tamil Nadu Dr. MGR Medical University’s order rejecting its request for continuance of provisional affiliation for admission of students in Bachelor of Homeopathy Medicine and Surgery (BHMS) degree course for the academic year 2016-2017. In an interim order, the high court directed the university to permit the college to participate in the counselling for admission to homeopathic colleges. The division bench dismissed the appeal against the single bench order.

In the SLP filed by the university, the bench comprising Justice SA Bobde and Justice L. Nageswara Rao agreed with the submissions of the university and stated that, as the college did not have a provisional affiliation, there was no question of continuance of the provisional affiliation.

The College is not entitled for the relief that was granted by the High Court for admission of students to the first BHMS degree course for the academic year 2017-2018 as it has neither approval from the Central Government nor affiliation from the University,” the bench said.

Reiterating observations from its earlier judgments, the court set aside the high court order and remarked: “Exercise of jurisdiction in favour of provisional admissions during the pendency of a Writ Petition exposes the students to the risk of losing precious years in case of dismissal of the Writ Petition. Courts should desist from passing interim orders directing provisional admissions of students.”

Read the Judgment Here

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