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2008 Supreme(SC) 1863

S.B.SINHA, CYRIAC JOSEPH
PARENTS ASSOCIATION OF STUDENTS – Appellant
Versus
M. A. KHAN – Respondent


S. B. SINHA, J.

( 1 ) 1. Leave granted.

( 2 ) THE question which arises for consideration in this appeal is as to whether a Special Appeal from an interim order passed by the court in exercise of its contempt jurisdiction is maintainable. The said question arises in the following circumstances :-

( 3 ) APPELLANT-HEREIN is an Association of Parents of the Wards who have taken admission in different professional colleges including medical colleges. Respondent No. 1 is a Secretary of Era's Lucknow Medical college and Hospital while respondent No. 2 is the Secretary, Medical education, Government of U. P.

( 4 ) A writ petition was filed by the appellant against the State of U. P. and others wherein a learned Single Judge of the High Court having regard to the decision of a 11 Judge Bench of this Court in T. M. A. Pai Foundation v. State of Karnataka, [ (2002) 8 SCC 481 ] while disposing of the writ petition on 31st August, 2006, directed as under:-

"learned counsel appearing on behalf of the respondent No. 2 Sri Sanjay Bhasin, informs that the authorities are bound to act in the light of the judgment of the Apex Court and the various government Orders i. e. Government order dated 15. 7.
































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