DEPUTY REGISTRAR COLLEGES Vs. RUCHIKA JAIN

JUDGEMENT

(1.) AT the outset, we would make it clear that on several occasions the Apex Court has deprecated the practice of permitting the students to pursue their studies and/or to appear in the examination under the interim orders (fiat as observed by the Apex Court) passed in the petitions which were filed before the High Court/Courts. If the High Court is not permitted to pass such orders, it is to be held without any hesitation or reservation that Consumer Fora have no jurisdiction to pass such orders. Hence, we hereby direct that in future no such interim order permitting the students either to pursue the study or to appear in the examination, shall be passed by the Consumer Fora. That is not the function of the Consumer Fora and, hence, granting of such interim orders would amount to misconduct.

(2.) HENCE , the aforesaid three Revision Petitions. Now, we would refer to the law settled by the Apex Court in various judgments to the effect that such interim orders are detrimental to education and its efficient management. As a matter of course, such interim orders should not be passed, as they are aberrations and it is subversive of academic discipline. In Regional Officer, CBSE v. Sheena Pethambaran, (2003) 7 SCC 719, at page 725. The Supreme Court has observed

(3.) YET in another case i.e. in the case of A.P. Christians Medical Educational Society vs. Govt. of A.P. "(1986) 2 SCC 667 the Supreme Court held that: