Madras HC order directing provisional admission of students set aside; practice deprecated: SC

Supreme Court: A bench comprising of S.A. Bobde and L. Nageswara Rao, JJ. while allowing an appeal filed by T.N. Dr MGR Medical University, set aside the order of Madras High Court whereby it had directed the respondent to proceed with the counselling and admit students in the first year of BHMS course for the academic year 2017-18.

In 2013, Central Council for Homeopathy had recommended for grant of permission to the respondent for starting a Homeopathic college. Ministry of AYUSH, however, refused to grant the permission due to deficiency in requisite facilities. However, the Central Council decided to grant the said permission subject to approval by the Central Government. Subsequently, three students died in the respondent college and it was closed down. The respondent filed an application for grant of provisional affiliation which was rejected by the appellant University. The respondent filed a writ petition thereagainst and the High Court, vide the order impugned, directed the appellant as aforementioned. Aggrieved thereby, the appellant preferred the instant appeal.

The Supreme Court, for adjudication of the matter, perused the entire scheme of grant of affiliation and admission pertaining to the instant case. The Court found that the respondent did not have the requisite approval from the Central Government as provided in Section 12-A of the Homeopathy Central Council Act, 1973. According to the Court, the respondent was not entitled to the relief granted by the High Court. It was observed that 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 Courts should desist from passing interim orders directing provisional admissions of students. In view of the aforesaid, the appeal was allowed and the order impugned was set aside. [T.N. Dr MGR Medical University v. SVS Educational and Social Trust, Civil Appeal No. 10920 of 2018, decided on 12-11-2018]

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