OSMANIA UNIVERSITY Vs. SYED ASGHAR HUSSAIN

JUDGEMENT

(1.) Heard.

(2.) Instant cases in appeal under Clause 15 of the Letters Patent have presented the predicament of the Courts how to balance sympathies with outrageous violation of law. Writ Petitioner - respondents are allegedly admitted to the M.B.A. Courses of studies of the Osmania University by the management of the Deccan School of Management allegedly managed by a trust known as Dar-Us-Salam Educational Trust in excess of the sanctioned strength of the students in the institution. When, however, the time to appear in the first semester examination of the academic year 1995-96 reached, the University found them in excess of the number of students sanctioned by the University and the University accordingly declined permission to them for appearing in the first semester examination. When the second semester examination approached, the writ petitioner - respondents moved this Court and it appears, the Court directed the University to permit them to appear in the second semester examination. Writ petitioner - respondents have allegedly pursued their studies notwithstanding, however, the fact that they were never admitted to the institution within the limits of the prescriptions as respects the number of seats for the students (sanctioned strength of students) and when finally it has come to be decided by this Court, it is held as follows:

(3.) Courts, many a times, have been found embarrassed by situations which revealed that certain well-known rules of practice and procedure are ignored when interim orders are passed - one such rule being that permission is not granted to the students to take up any examination unless they qualify and they are admitted in accordance with the rules and regulations in this behalf to particular courses of studies. A Division Bench of this Court in Registrar, O.U. vs. Madina Educational Society has dwelt into the aspect of any minority institution also admitting students in excess of the sanctioned strength and sending them for examination and recorded that the Court cannot be a party to direct the students to disobey a statute, as that would be destructive of the rule of law. While Courts have recognised the imperatives of a good number of institutions for imparting education on account of ever increasing number of students seeking admission to various institutions for various courses of studies, at the same time emphasised repeatedly that in no case there should ever be any compromise with the standard of education and in no case there should be any occasion that any institution is permitted to violate the statutory regulations with immunity.