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1996 (2) TMI 572 - SUPREME COURT

1996 (2) TMI 572 - SUPREME COURT - (1998) 8 SCC 624 - Dated:- 5-2-1996 - A Ahmadi, M Mukharji, K Venkataswami ORDER 1. Special leave granted. 2. The Government of India, Ministry of Health and Family Planning by its order dated 20-1-1976 approved the West Bengal Government's proposal for upgrading the Postgraduate Training and Research Department (Kayachikitsa) on certain conditions including that the college should be affiliated to a recognised university, the upgraded Department should hav .....

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isement was issued and intending candidates applied. The respondent who hailed from outside the State applied in the quota reserved for such candidates. All the outside State candidates competed for the three seats reserved for them and appeared for the selection test. None of those who appeared met the minimum requirement. In order that the three seats may not go waste, the minimum marks were reduced from 50% to 30% and the Selection Committee undertook a review to ascertain how many met this d .....

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ssful. He moved a second writ petition. A learned Single Judge by an interim order dated 22-2-1991 directed his provisional admission. On the present appellants making an application for vacating the said interim order, the learned Single Judge by order dated 3-4-1991 directed notice to issue (suo motu) to show cause why action for contempt should not be taken. Being aggrieved, the appellants filed an appeal FMAT No. 1036 of 1991 questioning the interim order of 22-2-1991. The Division Bench adm .....

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e writ petition was finally disposed of on 21-1-1992 holding that the refusal to grant admission was illegal and unjustified and directed that the candidate be admitted forthwith. Against the said mandate, an appeal FMAT No. 392 of 1992 was filed before the Division Bench. The appeal was admitted and stay granted. 5. During the pendency of the three appeals, the original writ petitioner moved for vacating the interim order on the plea that the Calcutta University had issued a notice dated 30-8-1 .....

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iolation of the said order. The rule was made returnable on 23-6-1995 and Appellant 1 herein was directed to personally present himself on that day. It is against the said order that the present appeals are filed. 6. The respondent herein has in his counter-affidavit averred that for the 1988-89 course, he was selected for admission and again for the 1989-90 course also he had secured selection but he could not join the course because of the interim orders of the Division Bench and therefore he .....

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-1995, We also do not desire to say anything on the question whether circumstances did or did not exist for making the order of 13-3-1995. It is an admitted fact that since the members of the Calcutta Bar were on strike, the counsel for both sides were absent and hence the Court passed the order after hearing the respondent. If the matter was urgent and the respondent who was present in person insisted on being heard and orders being passed on his application as his career was at stake, could th .....

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ts. We must also mention that at the relevant point of time, the interim order passed by this Court in the Common Cause, A Regd. Society v. Union of India, pending in this Court against lawyers proceeding on strike was in force whereunder the Bar Associations were precluded from dismembering any member of the Bar who appeared in court despite the strike call. Under the circumstances the fear of being debarred from membership also did not exist. We are, therefore, of the opinion that despite the .....

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order granting or permitting provisional or tentative admission, the Division Bench was virtually reviving the interim order of the learned Single Judge dated 22-2-1991 which it had stayed while admitting the appeal directed against it, FMAT No. 1036 of 1991. By granting the tentative admission to the respondent herein, the Court was virtually imposing its decision on the management. If the averments of the respondent were correct and if he was in fact selected for admission, the most the Court .....

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