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1996 (2) TMI 572 - SC - Indian Laws

Issues:
1. Admission criteria and selection process for a Postgraduate Training and Research Department.
2. Legality of interim orders and directives issued by the High Court.
3. Validity of the order granting tentative admission to a candidate.
4. Court's authority to intervene in the management's admission decisions.

Analysis:
1. The case involved the approval of the West Bengal Government's proposal to upgrade a Postgraduate Training and Research Department. The Department decided to admit candidates strictly on merit based on academic achievements and test results. A dispute arose when a candidate from outside the State failed to meet the minimum marks requirement and sought admission through a writ petition. The High Court initially ordered his admission, leading to subsequent appeals and interim orders.

2. The High Court issued various interim orders directing admission of the candidate, which were challenged through appeals. The Division Bench admitted the appeals and stayed the operation of the interim orders. The legality and justification of these orders were questioned, especially considering the urgency of the matter due to the candidate's career being at stake.

3. The order granting tentative admission to the candidate was reviewed by the Supreme Court. It was observed that the Division Bench's directive for provisional admission effectively imposed the Court's decision on the management. The Court found that a more appropriate approach would have been to lift the stay and allow the management to admit the candidate if selected, rather than issuing a directive for tentative admission.

4. The Supreme Court ultimately set aside the order granting tentative admission and substituted it with an order allowing the management to admit the candidate if found fit for admission. The Court emphasized the importance of respecting the management's authority in admission decisions and directed the management to inform the candidate of their admission status. The subsequent orders related to the case were also set aside, and the appeals were disposed of with no order as to costs.

 

 

 

 

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