Judicial review of interim orders and the inclusion of safeguards to prevent claims of equity based on interim permissions.

ORDER :

We have heard learned senior counsel for the parties.

2. All these special leave petitions arose out of interim order(s) passed by the High Court granting relief in the following words :-

“Having regard to the aforesaid factual situation, we are of the view that necessary interim orders are to be passed during the pendency of the appeal as under :

i. That the Central Government shall grant provisional permission to the appellants to conduct the course for the academic year 2015-2016, which will be subject to further orders to be passed by us.

ii. That the State Government shall start the process of allotment and the admission shall be made by the respective colleges subject to the result of the writ appeal.

iii. The allotment and admission shall be made after giving information to the students regarding the pendency of the appeals and that the admission will be subject to the result of the writ appeals.”

3. It has been brought to our notice that the writ appeal against the judgment passed by the learned Single Judge is still pending and the next date fixed for hearing is 23rd September, 2015.

4. Mr. Vikas Singh, learned senior counsel appearing on behalf of the petitioner-Medical Council of India assailed the interim order only on the ground that without any approval by the Government, the High Court ought not to have granted provisional permission to the respondents to conduct the course for the academic year 2015-2016.

5. We find that in the interim order sufficient safeguards have been given inasmuch as all such permission/admissions shall be subject to the result of the appeal pending in the High Court.

6. We only modify the impugned order to the extent that neither the respondents nor the students will claim any equity on the basis of approval/permission for admission.

7. With these directions and observations all these special leave petitions stand disposed of.

8. We request the High Court to expeditiously dispose of the appeal keeping in view all the facts of the case.