Abhishek Anand Sinha vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 861

A.M.KHANWILKAR, SANJIV KHANNA
Abhishek Anand Sinha – Appellant
Versus
Union Of India – Respondent

Advocates appeared:
Mr. Gopal Sankaranarayanan, Senior Advocate, Mr. Raunak Nayak, Advocate, Mr. Ishita Chaudhary, Advocate, Mr. Samar Vijay Singh, Advocate, Mr. Krishnan Venugopal, Senior Advocate, Mr. Rohit Sharma, Advocate, Mr. Atul Agarwal, Advocate, Ms. Arju Chaudhary, Advocate and Mr. Kumar Dushyant Singh, Advocate, for the Appellant; Ms. Aishwarya Bhati, ASG, Ms. Ruchi Kohli, Advocate, Ms. Akanksha Kaul, Advocate, Mr. Manish, Advocate, Mr. A.K. Sharma, Advocate, Mr. Devdutt Kamat, Senior Advocate, Mr. Sachin Sharma, Advocate, Mr. Satyavrat Sharma, Advocate, Mr. Rahul Gaur, Advocate, Mr. Maninder Singh, Senior Advocate, Ms. Malvika Kapila, Advocate, Ms. Natabrata Bhattacharya, Advocate, Ms. Malvika Trivedi, Senior Advocate, Mr. Ashutosh Ghade, Advocate, Ms. Sneha Balapure, Advocate, Mr. Naresh Kaushik, Advocate and Mr. Vardhman Kaushik, Advocate, for the Respondent

ORDER

Applications for impleadment/intervention are allowed.

Heard learned counsel for the respective parties.

The petitioners have made an unsuccessful attempt of persuading us to take a view that the issue raised in the present writ petitions is not covered by the decision of three Judge Bench of this Court dated 24.02.2021 in Rachna & Ors. vs. Union of India & Anr., reported in 2021 (3) Scale 107 .

According to the writ petitioners, they form a separate class - as they were forced not to appear in the examination on the given date(s) on account of directions issued by the local authorities under the Disaster Management Act, 2005, including the general directions regarding isolation of Covid-19 patients and family members of Covid-19 patients.

According to them, the situation was one of forced default, for which they cannot be compared with candidates who did not appear in the examination by choice.

Although, we may have full sympathy with writ petitioners and similarly placed students, for the difficult situation and the resultant consequences, they may suffer, but the issues raised by them, in our opinion, are covered by the decision of this Court in Rachna & Ors. (supra).

The

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2021 Supreme(SC) 861

A.M.KHANWILKAR, SANJIV KHANNAAbhishek Anand Sinha – AppellantVersusUnion Of India – Respondent

Cases Referred (2)

A.M.KHANWILKAR, SANJIV KHANNA
Abhishek Anand Sinha – Appellant
Versus
Union Of India – Respondent