1. 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 R.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