GURDEEP SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner had approached this Court, but was denied relief. He went in appeal to the Supreme Court and the final court vide its detailed judgment dated 5th March 1993 in civil appeal No. 1232 of 1993 arising out of SLP (civil No. 11778 of 1992) set aside the judgment of this court, allowed the petitioners appeal and granted him admission in the MBBS course by directing and ordering the respondents to admit him in the course within two weeks from the date of pronoundents of the judgment, i.e. 5th March 1993. It is the admitted case of the parties that the admission was finally granted in April 1993. It is also not disputed by the parties that the academic session had started in January 1993.

(2.) THE dispute projected by the petitioner in the present petition is indeed very short and simple. According to the petitioner, the respondents are creating hurdles and putting obstacles in the regularisation of his admission process and in his taking the examination. The respondents do not dispute this allegation, but submit that the relevant university statute came in the way of petitioner wherein a specific requirement has been prescribed with regard to the actual attendance of student before he becomes fully eligible for taking the university examination. According to the respondents the petitioner fell short of the requisite duration of the study period and therefore was not eligible for taking the examination.

(3.) ONCE the court decides to grant relief to a party and issues specific directions that the relief be granted in a particular manner, the order of the court embraces within itself all the trappings of law and is deemed to have therefore, taken in to account all corresponding legal requirements, including those requirements which may have been in clash on an earlier point of time. This is more so with regard to the orders passed by the supreme court, especially in the light of Article 142 of the Constitution of India. Under this constitutional provision, the final court has unlimited powers to grant relief to a party and to mould it in the manner that it considers appropriate. Once therefore, the Supreme Court grants a relief to a party in a particular manner, it is deemed to have been granted in supersession of all laws, rules and regulations, if these in any manner directly or indirectly tend to be in clash or conflict with the orders of the Supreme Court. That being the case, any statutory provision of the university whereby an impediment is caused in the taking of the examination of the petitioner will have to make way in favour of the petitioner because of the order of the Supreme Court. That being the case, the petitioner cannot be denied the ultimate relief because of some statutory regulations of the university, when the Supreme Court itself has directed the admission in the medical college. The direction to admit the petitioner carries with it the corresponding obligation of everyone concerned to allow him to take examination. That corresponding obligation has to be strictly adhered to by all concerned because everyone in the country is to act in aid of the orders of the Supreme Court.