- (1.) Upon motion the matter is taken on Board. We have heard Sri R. F. Nariman, learned counsel for the petitioner and Shri S. Sivasubramanian, learned Senior Counsel for the respondents. Leave granted.
(2.) "The Tamil Nadu Dr M. G. R. Medical University" is the appellant and is aggrieved by the order dated 22/03/1993, of the High court of Judicature at madras passed in CMP No. 3960 of 1993 in Writ Appeal No. 323 of 1992. The first respondent is an educational institution and claims to maintain a dental college. In the writ petition before the High court is sought a mandamus to the university to accord affiliation to its courses in dental medicine and surgery. That writ petition was dismissed. An appeal is preferred by the first respondent- college before the division bench of the High court. The division bench, in the pending appeal, at the. interlocutory stage, has persuaded itself to grant a direction to the University that it should admit the students of the college to the I and II year examinations.
(3.) On a consideration of the matter, we are afraid that the High court has overleapt its interlocutory jurisdiction in a matter of this kind particularly, in view of the fact that the first respondent had lost before the learned Single Judge and its case for entitlement to affiliation had yet to be made good in the appeal. An interlocutory direction of this kind would virtually render the appeal infructuous by granting in advance the main relief in the appeal. It is well known that such orders build up expectations in the students and in the ultimate analysis render it difficult to unsettle the effect of the interlocutory directions.;