M.B.SHAH, J.JAGANNADHA RAO
Union Of India – Appellant
Versus
Era Educational Trust – Respondent
JUDGMENT
Shah, J.-Leave granted.
2. Heard learned counsel for the parties exhaustively.
3. These appeals are filed by the Union of India and the Medical Council of India respectively. It is to be stated that Medical Council has not recommended for grant of permission to establish medical college, yet Medical Council was not joined as a party respondent in the petition before the High Court.
4. Normally, this Court would hesitate to interfere with an interlocutory order, but in a case where prima facie it appears that the said order cannot be justified by any judicial standard, the ends of justice and the need to maintain judicial discipline requires us to do so and to indicate the reasons for such interference without prejudice to the rights of one side or the other.
5. It is unfortunate that the High Court of Allahabad (R.H. Zaidi and Bhanwar Singh, JJ) exercised the extra-ordinary jurisdiction under Article 226 of the Constitution of India, in an extra-ordinary manner by granting interim mandatory relief to run Medical College, despite the fact that the Central Government has rejected such permission, after obtaining recommendation from the Medical Council twice. The extra-ordinary po
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