SRI MOTI SINGH JAGESHWARI AYURVEDIC MEDICAL COLLEGE v. THE UNION OF INDIA & Ors.
Case Details
Summary
A structured summary for this judgment hasn’t been prepared yet. The full text is below.
Original judgment text
14. “Now, we would refer to the law settled by this Court in various judgments to the effect that interim orders of the nature passed in the present case are detrimental to education and its efficient management. As a matter of course, such interim orders should not be passed, as they are aberrations and it is subversive of academic discipline.” admitting institutions
23. “Time and again, therefore, this Court had deprecated the practice of educational students without requisite recognition or affiliation. In all such cases the usual plea is the career of innocent children who have fallen in the hands of the mischievous designated school authorities. As the factual scenario delineated against goes to show that the school has shown scant regards to the requirements for affiliation and as rightly highlighted by learned counsel for CBSE, the infraction was of very serious nature. Though the ultimate victims are innocent students that cannot be a ground for granting relief to nonchalantly undertakings continued the violations.” appellant. Even school filing
24. “Students have suffered because of the objectionable conduct of the school. It shall be open to them to seek such remedy against the school as is available in law, about which aspect we express no opinion.” The admitted fact is that the petitioner has submitted a report of removal of deficiencies November, 2008 after the cut-off date of 31.10.2008 fixed by the Supreme Court on a recommendation submitted as far back as 16.7.2008 and themselves took a half hearted effort to remove them on 2.8.2008. Additionally, this Court cannot lose sight of the fact that 5 nearly four months of the 18 month session are over. If the institution were permitted to take admissions for the session-2008-2009, the inevitable sufferers shall be the students. Quite obviously, the 18 month course will now be compressed into a 14 month course with all its attendant consequences of rushing through the course ultimately affecting the quality of knowledge imparted. The only appropriate order to be passed now is for a direction to the C.C.I.M. to take a final decision on the claim of the petitioner for removal of deficiencies by their letter dated 19.11.2008 acknowledged by the C.C.I.M. in their letter dated 14.1.2009. Let a final decision on the issue of recommendation for grant of recognition upon fulfillment of the standards for the session-2009-10 be taken by C.C.I.M. within a maximum period of three weeks from the date of receipt/production of a copy of this order. This shall subserve the institution which can safely thereafter claim to have recognition for the session-2009-2010. This shall be in the interest of not only the present institution, but also the students applying admission in the said session who shall then be sure of the quality of the education being imparted to them and the value of the qualification that they shall be obtaining through such an institution. After appropriate 6 orders are passed by the C.C.I.M., this Court requires the Union of India to take such appropriate decision based on the nature of the recommendation within a maximum period of one month from the date of receipt of such recommendation from the C.C.I.M. The writ application stands disposed in the aforesaid terms. KC ( Navin Sinha, J.)