STATE Vs. RADHIKA NAROGTRA
LAWS(J&K)-1993-5-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 13,1993

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
RADHIKA NAROGTRA Respondents


Cited Judgements :-

SYED JAVED AHMAD BIHAQI VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1999-11-16] [REFERRED]


JUDGEMENT

- (1.)This Letters Patent Ap-peal is directed against the judgment and order dated 1-10-1992, passed in Writ Peti-tion No. 510/1987, allowing the writ petition and regularising the provisional admission granted to respondent No. 1 in the M.B.B.S. Course.
(2.)The brief facts of the case are that the respondent No. 1 had made an application for her admission to the M.B.B.S. Course, which was rejected by appellant No. 1. She filed a writ petition against the said order of the Competent Authority. The Court by its order dated 1-7-1987 granted her interim relief allowing her to sit in the entrance test provi-sionally. Later on, the writ petition was allowed to be amended and the Court by its order dated 12-12-1987 granted provisional admission to respondent No. 1 in the M.B.B.S. Course. Against the order allowing amendment of the writ petition. A Letters Patent Appeal came to be filed by the ap-pellants. The same, however, was later on disposed of at the behest of the appellants with a direction to the learned single Judge to dispose of the writ petition itself. In the meanwhile, the respondent No. 1 was allowed to continue her course which she has already completed. The learned single Judge finally decided the writ petition on 1-10-1992 and regularised the provisional admission in question.
(3.)The learned single Judge appears to have placed reliance on AIR 1990 SC 1222 while disposing of the writ petition and regularising the provisional admission of the respondent No. 1. It has been observed by him that the respondent has competed the course and, therefore, on the ground of justice and equity, it would not be proper to dislodge her at this late stage.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.