Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, CJ.—

The issue

The reference to the Full Bench has been occasioned by a referring order of a Division Bench dated 15 September 2008. The following questions have been formulated for decision:

“(1) Where a learned Single Judge while hearing a writ petition calls for counter and rejoinder affidavits, but does not pass any order on the stay application either granting or refusing a stay, will the order amount to a refusal of interim relief to the petitioner either temporarily or impliedly and a ‘judgment’ within the meaning of Chapter VIII Rule 5 of the Rules of the Court, 1952;

(2) Does an order which adversely affects the valuable rights of a party by a temporary or implied refusal of interim relief have the trappings of a judgment.”

2. The appellants sought a writ in the nature of mandamus directing the University to permit them to appear for counselling for admission to the Master of Social Work Diploma Course for 2008-09. A part of the relief sought was a direction calling for the answer sheets of the entrance test which was held on 28 June 2008.

3. The appellants averred in the writ petition that counselling was to be held on 3