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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Management Education and Research Institute - Appellant
Versus
Govt. of NCT of Delhi - Respondent
LPA 515 of 2021
Decided On : 05-01-2022
| Table of Content |
|---|
| 1. urgency of intake reduction in bca course. (Para 1 , 2 , 5) |
| 2. court’s observations on hearing limitations. (Para 3 , 4 , 6) |
| 3. appeal disposed without merit opinion. (Para 7) |
JUDGMENT
D.N. Patel, CJ. (Oral)--Proceedings have been conducted through video conferencing.
CM APPL.47645/2021 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
LPA 515/2021 & CM APPL.47644/2021 (stay)
1. This Letters Patent Appeal has been preferred by the original Petitioners in W.P.(C) 12539/2021. The Appellants are aggrieved by an order of adjournment dated 21st December, 2021 (Annexure A-1 to the memo of this appeal), passed by the learned Single Judge in CM Application No.41343/2021 in W.P.(C) 12539/2021.
2. We have heard learned counsel appearing for the Appellants and looked into the facts and circumstances of the case.
3. The impugned order dated 21st December, 2021 passed by the learned Single Judge reads as under:-
"It is not possible to hear the matter today due to paucity of time.
List on 24.01.2022."
4. It is an undisputed position that the writ petition is pending before the Learned Single Judge and is listed for hearing on 24th January, 2022. In the impugned order, the Learned Single Judge has only observed that due to paucity of time, it is not possible to hear the matter and thus, clearly no rights or liabilities of the parties have been adjudicated upon and the Appeal is not maintainable.
5. At this stage, learned counsel appearing for the Appellants urges that there is an urgency in the matter as the writ petition pertains to reduction of the intake capacity in the Bachelor of Computer Application (`BCA') Course, as the seats have been reduced from 60 to 40, without any justifiable reason and on account of the reduction the Appellants are suffering.
6. Looking at the nature of reliefs sought and considering that the writ petition is listed before the learned Single Judge on 24th January, 2022, we request the learned Single Judge to make an endeavour to hear the writ petition or at least the stay application being CM Application No.39478/2021, on the next date of hearing.
7. The Appeal is accordingly disposed of with the aforesaid observation along with the pending application. It is made clear that we have not expressed any opinion on the merits of the matter.
An appeal is not maintainable if no rights or liabilities have been adjudicated upon, thereby necessitating resolution of the underlying writ petition urgently.
An appeal is not maintainable without a substantive order from the lower court; adjournment does not equate to a decision on rights or liabilities.
Denial of EWS reservation in admission violates constitutional provisions; interim orders do not finalize rights, thus appealing them lacks merit.
An interim order can be upheld while expediting hearing in a related writ petition without addressing the substantive merits of the case.
Letters Patent Appeals are untenable if no rights or liabilities of parties are decided in the impugned order.
Court addressed procedural delays in hearings and clarified that opinions on merits were not expressed in the disposal of the appeal.
The legal principle established is that sympathy cannot be the basis for a court order, and a party must demonstrate a prima facie case for interference in a service matter.
The court's decision was based on the understanding of the predicament involved and the specific instruction given by the Counsel on record to the Junior Counsel not to argue the matter.
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