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M. N. VENKATACHALIAH, S. MOHAN, T. K. THOMMEN
Guru Nanak Dev University – Appellant
Versus
Parminder Kr. Bansal – Respondent
Key Points: - The Court held that admissions cannot be ordered without regard to the eligibility of the candidates, and decisions at the interlocutory stage should not be deferred to avoid later issues. (!) - Interlocutory orders directing admission, based on sympathy rather than accurate assessment of eligibility, undermine academic discipline and can create ongoing complications; such orders cannot be allowed to stand. (!) - The appeals were allowed, and the High Court’s interim order directing regularisation of admission was set aside. (!)
JUDGMENT
Special leave granted.
2. Guru Nanak Dev University is aggrieved by the orders dated 17th August, 1992 of the High Court in Civil Writ Petitions Nos. 2732 and 4928 of 1992 respectively, directing the regularisation of the admission of the first respondent in each of these appeals, to the Internship Course.
3. Regulation 27 of the Guru Nanak Dev University regulating eligibility for admission to the Internship Course provides:
"(a) Compulsory Rotating Housemanship:
Every candidate, on passing the final MBBS examination, shall undergo 12 months training as laid down by the Faculty of Medical Science before he is allowed full registration by the State Medical Council. The work done in a Military Hospital or any other recognised Institute (names given in the appendix) shall be accepted for this training.
(Emphasis supplied)
(b) There shall be an oral test at the end of the internship programme to be conducted by a Board of the College set up by the Principal of the College. The Board will review the certificates of the work given by the Heads of the Departments or the Head of the Hospital where the candidate has worked also assess the candidate through an oral examination. If the Boa
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