- (1.) THIS is an appeal against an interim order dated 23. 1. 2009 passed by the learned single judge in a writ petition filed by the respondents 1 to 4 in this appeal. The prayer in the writ petition was to command the respondents to permit the writ petitioners to appear in the II Professional M. B. B. S. Examination along with the main batch of students irrespective of the fact that the petitioners had passed one paper of first professional examination in the supplementary examination. By means of the interim order dated 23. 1. 2009 impugned in this appeal the learned single judge has permitted the writ petitioners to appear in the Second Professional M. B. B. S. Degree Course Examination with the main batch, which examinations were scheduled to commence on 28. 1. 2009.
(2.) SRI U. N. Sharma, learned counsel for the appellants stated that the interim order dated 23. 1. 2009 has already been complied with in that the writ petitioners have been allowed to appear in the examination. The only prayer which is being pressed by the learned counsel for the appellants is that the observations made regarding the merits of the case may not influence the final decision of the writ petition. Sri Shobhit Dubey holding brief of Sri Siddharth Khare, learned counsel for the respondents and the learned standing counsel state that they have no objection if this clarification is made that the finding recorded in the interim order will not influence the court in the final decision. It is also settled that the observations made while passing an interim order would not affect the final decision of the case.
(3.) IN view of this position the learned single judge may decide the matter on merits uninfluenced by any finding that may have been given in the interim order regarding the merits of the controversy while deciding the case finally.;