SALMAN BADAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this Special Appeal, the students of the Himalayan Institute of Medical Sciences, Swami Ram Nagar, Jolly Grant, Dehradun, have assailed the judgment passed by the learned Single Judge in a bunch of writ petitions on dtd. 26/4/2022, holding that there is no reason to interfere with the order passed by the Appellate Authority, which is impugned before him, and therefore, the consequential orders issued by the State Government and the notice issued by the Registrar of respondent No. 4, i.e., the Medical College, in terms of decision of the Appellate Authority also cannot be interfered with. Such judgment was passed in Writ Petition (M/S) No. 2566 of 2018, Vartika Chauhan and others Vs State of Uttarakhand and others, as a lead case, but eight other cases were disposed of along with this writ petition.

(2.) At the time of fresh admission, the learned counsel appearing for the Medical College and the University raised an objection regarding the maintainability of the intra-court appeal in view of the provision of Rule 5 of Chapter VIII of the Rules of Court 1952 (as applicable to Uttarakhand High Court).

(3.) At the outset, we may briefly state the facts of the case. The Fee Committee passed an interim order. Said interim order was challenged by the University before this Court, but the writ petition was withdrawn.