POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH THROUGH ITS DIRECTOR Vs. JAI KISHAN, P.G.I., CHANDIGARGH

JUDGEMENT

(1.) This revision petition is directed against the order of the District Judge, Chandigarh, dated Feb. 27, 1990, whereby the order of the trial court dated Jan. 18, 1990, declining the ad interim injunction was set aside and the plaintiff was allowed provisional admission to D. M. (Pulmonary Medicine) Class at his own risk and responsibility subject, to the decision of the suit.

(2.) At the time of motion hearing, operation of the said impugned order was stayed by this Court on March 8, 1990.

(3.) The plaintiff filed a suit for mandatory injunction directing the defendant to grant reservation of scheduled caste/backward classes for sponsored students as granted to other categories of students. Along with the suit he also filed an application for ad interim injunction restraining the defendant-PGI from filling one post of sponsored candidate during the pendency of the suit. Before the trial court, the counsel for the P.G.l made the statement that the plaintiff would be admitted to the course in question, in case his suit is decreed. In view of that statement, the trial Court found that the prayer of the plaintiff has become infructuous and the application was disposed of accordingly. In Appeal, the learned District Judge took the view that it will be in the interest of justice if the plaintiff is allowed provisional admission to D.M. (Pulmonary Medicine) class and ultimately the plaintiff was allowed provisional admission.