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2017 (3) TMI 1796 - SUPREME COURTCompletion of process of counselling by holding the second, third and mop-up round of counselling as prescribed in the Information Brochure issued for the UPPGMEE, 2016 - vacancy of seats in any of the courses advertised in the Information Brochure - It was the stand of the Appellants before the High Court that it is obligatory on the part of the Respondents to give effect to the postulates contained in the Information Brochure and hence, the authorities were under obligation to hold the second and third round of counselling as well as the mop-up round of counselling, but they had failed to do so by their erroneous. HELD THAT:- There cannot be an iota of doubt that no prejudice shall be caused to anyone due to the fault of the court, but it is to be seen in what situations the court can invoke the maxim "actus curiae neminem gravabit". In this regard, reference to the authority in Jayalakshmi Coelho v. Oswald Joseph Coelho [2001 (2) TMI 980 - SUPREME COURT] would be apt. In the said case, the Principal Judge, Family Court, Bombay had modified the earlier decree. The same was challenged in the writ petition which was dismissed. The Division Bench confirmed the order of the learned Single Judge, which compelled the Appellant to approach this Court. Dealing with the principle of rectification of decree Under Section 152 Code of Civil Procedure, the Court opined that there can be hardly any doubt that any error occurred in the decree on account of arithmetical or clerical error or accidental slip may be rectified by the court. It has been further observed that the basis of the said provision is founded on the maxim that an act of court will prejudice no man. Needless to say, it is well settled in law that no one should suffer any prejudice because of the act of the court. The authorities that we have referred to dealt with the different factual expositions. The legal maxim that has been taken recourse to cannot operate in a vacuum. It has to get the sustenance from the facts. As is manifest, after the admissions were over as per the direction of this Court, the Appellants, who seemed to have resigned to their fate, woke up to have control over the events forgetting that the law does not assist the non-vigilant. One cannot indulge in luxury of lethargy, possibly nurturing the feeling that forgetting is a virtue, and thereafter, when the time has slipped through, for it waits for none, wake up and take shelter under the maxim "actus curiae neminem gravabit". It is completely unacceptable. Considering the precedents where the legal maxim actus curiae neminem gravabit has been applied, we are compelled to form the opinion that the said maxim is not applicable to the factual score of the present case. Once the said principle is not applicable, the rest of the submissions pertaining to seats going waste or the State losing its investment or the suffering of the students or claim of parity with other students have no legs to stand upon. It is because to give indulgence to the Appellants or the interfering with the impugned order would only give rise to chaos; and it is an accepted norm that law does not countenance any chaos and abhors anarchy. Appeal dismissed.
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