Facts
The appellant challenged the orders of a Single Judge passed on February 10, 17, and 20, 2021
Source reference: para. 3The original writ petitions were filed by various educational institutions seeking a mandamus to compel the respondents to grant extension of permission for admitting 100 students to the BHMS (Bachelor of Homeopathic Medicine and Surgery) course for the academic session 2020-2021
Source reference: para. 4The Single Judge allowed the petitions, set aside the refusal of permission, and directed the grant of extension
Source reference: para. 5Pursuant to these directions, admissions were completed for the 2020-2021 session, and the admitted students are currently undertaking their internship programs
Source reference: para. 6No interim stay was granted during the pendency of these appeals since 2021
Source reference: para. 8Issues
1. Whether the High Court should interfere with the Single Judge’s directions for admission after the academic session is near completion and students have progressed to internships
Source reference: para. 92. Whether the dismissal of a similar appeal (LPA No. 440 of 2021) by the Division Bench and the subsequent dismissal of the Special Leave Petition by the Supreme Court governs the present dispute
Source reference: para. 8Law Applied
The court applied the principle of judicial restraint in academic matters where the passage of time and the absence of interim orders have rendered the challenge effectively infructuous
Source reference: para. 8, 9It relied on the precedent established in Union of India v. [Respondent] (LPA No. 440 of 2021), where the court dismissed a challenge to the same academic session’s admissions
Source reference: para. 8The court further noted the Supreme Court’s order in SLP (C) No. 15566 of 2021, which affirmed that appellate courts should be disinclined to interfere once admissions are completed and students have advanced significantly in their course
Source reference: para. 8Reasoning
The court noted that the Letters Patent Appeals had remained pending since 2021 without any interim order staying the operation of the Single Judge’s judgment
Source reference: para. 8During this four-year pendency, the academic status of the students changed substantially; having been admitted in 2020-2021, they are now at the "verge of completion" of their course
Source reference: para. 9The court observed that a similar appeal filed by the Union of India regarding the same academic year had already been dismissed by a coordinate bench and upheld by the Apex Court
Source reference: para. 8Consequently, the court found it unnecessary to adjudicate on the merits of the legal contentions regarding the refusal of permission, as the relief sought by the appellant was overtaken by the equities created in favor of the students through the lapse of time
Source reference: para. 9Holding
The court held that interference was unwarranted given that the students are about to complete their BHMS course
The High Court dismissed the set of appeals and disposed of all connected civil applications
Source reference: para. 9, 10the court clarified that this order shall not be treated as a precedent for any other matter
Source reference: para. 9Original Court PDF
THE MEDICAL ASSESSMENT AND RATING BOARD FOR HOMEOPATHYvsPEARL EDUCATION CHARITABLE TRUST
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