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1998 Supreme(SC) 219
1998(2) Supreme 58
Supreme Court of India
M.M. Punchhi, CJI, B.N. Kirpal and M. Srinivasan, JJ.
Central Board of Secondary Education -Petitioner
versus
Nikhil Gulati & Anr. -Respondents
Special Leave Petition (C) No. 18853 of 1997
(With SLPs 19513 & 19057/1997)
Decided on 13-2-1998
Counsel for the Parties :
For the Petitioner : Mr. T.C. Sharma, Ms. Neelam Sharma, Mr. Ajay Sharma and Mr. Rupesh Kumar, Advocates.
For the Respondents : Mr. S.K. Jain and Mr. A.P. Dhamija, Advocates.
Headnote:Constitution of India-Article 136-Ineligible students permitted under Court orders to undertake Board and or University examinations-Casual discretions by Court is abuse of process-Unless the High Court could justify its decision on principle and precept, it should desist from passing such orders-Fond hopes having been raised in minds of students, no interference was called for. (Para 1)
Order
Occasional aberrations such as these, whereby ineligible students are permitted, under court orders, to undertake Board and/or University examinations, have caught the attention of this Court many a time. To add to it further, the courts have almost always observed that the instance of such aberrations should not be treated as a precedent in future. Such casual discretions by the Court is nothing but an abuse of the process’ more so when the High Court at its level itself becomes conscious that the decision was wrong and was not worth repeating as a precedent. And yet it is repeated time and again. Having said this much, we hope and trust that unless the High Court can justify its decision on principle and precept, it should better desist from passing such orders, for it puts the ‘Rule of Law’ to a mockery, and promotes rather the ‘Rule of Man’.
2. All the same, fond hopes were raised in the minds of the students herein, Therefore, we decline to interfere under Article 136 of the Constitution. The S.L.Ps. are, accordingly, dismissed.
SLPs dismissed.
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Parallel Citations of other Journals :
Central Board of Secondary Education v. Nikhil Gulati, 1998(2) Supreme 58 : AIR 1998 SC 1205 : (1998) 3 SCC 5 : 1998(1) Scale 634 : 1998(II) AD (SC) 209 : JT 1998(1) SC 718
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