Full Judgment Text
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PETITIONER:
CENTRAL BOARD OF SECONDARY EDUCATION
Vs.
RESPONDENT:
NIKHIL GULATI & ANR.
DATE OF JUDGMENT: 13/02/1998
BENCH:
CJI, B.N. KIRPAL, M. SRINIVASAN
ACT:
HEADNOTE:
JUDGMENT:
(WITH SLPs 19513 & 19057/1997)
THE 13TH DAY OF FEBRUARY, 1998
Present:
Hon’ble the Chief Justice
Hon’ble Mr. Justice B. N. Kirpal
Hon’ble Justice M. Srinivasan
Mr. T.C. Sharma, Ms. Neelam Sharma, Mr. Ajay Sharma and Mr.
Rupesh Kumar, Advocates for the petitioner.
Mr. S. K. Jain and Mr.A.P. Dhamija, Advocates for the
respondents.
O R D E R
The following Order of the Court was delivered:
(WITH SLPs 19513 & 19057/1997)
Occasional aberrations such as these, whereby
ineligible students are permitted, under court orders, to
undertake Board and/or University examinations, have caught
the attention of this Court many a time. To add to it
further, the courts have almost always observed that the
instance of such aberrations should not be treated as a
precedent in future. Such casual discretions by the Court is
nothing but an abuse of the process; more so when the High
Court at its level itself becomes conscious that the
decision was wrong and was not worth repeating as a
precedent. And yet it is repeated time and again. Having
said this much, we hope and trust that unless the High Court
can justify its decision on principle and precept, it should
better desist from passing such orders, for it puts the
’Rule of Law’ to a mockery, and promotes rather the ’Rule of
Man’.
All the same, fond hopes were raised in the minds of
the students, herein, Therefore, we decline to interfere
under Article 136 of the Constitution. The S.L.Ps. are,
accordingly, dismissed.