Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 109 OF 2013
(@ SPECIAL LEAVE PETITION(C.)NO.31780 OF 2012)
REGISTRAR OF JADAVPUR UNIVERSITY ... APPELLANT
VERSUS
ARINDAM DUTTA GUPTA & ORS. ... RESPONDENTS
O R D E R
1. Leave granted.
2. Respondent nos.2 to 6 are not served. However,
learned counsel appearing for respondent no.1 would
submit that the un-served respondents are not
necessary parties for the purpose of disposal of this
appeal.
JUDGMENT
3. Respondent No. 1 is a student studying in an
Engineering college. Since numbers of seats were
lying vacant in various disciplines of the engineering
faculty in the colleges run by the appellant-
University, the respondent had approached the Writ
Court for appropriate directions. The Writ Court,
without taking into account the various Government
Orders on the subject prevailing as on that date,
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proceeded to issue direction to the appellant-
University in favour of the Respondent No. 1 to allot
an Engineering seat to him.
4. We have heard learned counsel for the parties
to the lis and also carefully perused the impugned
judgment and order passed by the High Court. Learned
counsel appearing for the University has also brought
to our notice the various Government Orders and
Circulars issued, from time to time by the State
Government which would govern the admissions to the
appellant-colleges. We are of the considered view
that the High Court before issuing a positive
direction to the appellant-University to admit
respondent no.1, ought to have taken into account the
JUDGMENT
respective various Government Orders and the Circulars
prevailing as on that date, insofar as admissions to
the professional colleges are concerned. Since that
has not been done, we cannot sustain the impugned
judgment and order passed by the High Court.
Accordingly, we allow this appeal and set aside the
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judgment and order dated 18.09.2012 passed by the High
Court.
Ordered accordingly. No order as to costs.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
JANUARY 07, 2013.
JUDGMENT
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