VANDANA RAMNAVAL JAISWAR Vs. STATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and the Petition is taken up for final disposal.

(2.) It is often said that hard cases make bad law; and this is perhaps an exceptionally hard case. Mindful of that old dictum, while we proceed to dispose of the Petition, we are not making any larger pronouncement of law. Indeed, we cannot for the general principle that obtains not only under orders of the Supreme Court but also following the Government Order dtd. 10/12/2019 cannot possibly be disturbed. There are, however, three exceptional factors in this case that must, in our view, weigh in favour of the Petitioner if true justice is to be rendered. If we blind ourselves to these factors, the result would be indefensible and inequitable. It is the combination of these three factors, taken together, that make this an outlier case.

(3.) The Petitioner is a young lady student in the MBBS course in the 2nd Respondent medical college. Her admission to the second-year course has been stopped and denied. Her conditional or provisional admission to the first year MBBS was not approved. Her application for a review before the 5th Respondent, the Admission Regulating Authority, failed. She had no choice but to come to this Court.