2000 (5) TMI 1097 - SC - Indian Laws

Summary

Issues Involved:
The judgment addresses the issue of setting aside an order under challenge and restoring a Special Appeal to the High Court for reconsideration based on the law and equity considerations.

Issue 1: Setting aside the order under challenge and restoring the Special Appeal

The order under challenge was passed in an appeal against interim orders on the respondent's writ petition. The Court noted that the relief granted through interim orders had already been provided, and considering the impact on the student's career, the appeal was dismissed. However, the Supreme Court emphasized that the High Court must decide matters in accordance with the law, stating that considerations of equity cannot override legal obligations. The Court directed that the Special Appeal be restored to the High Court for a decision based on the law and the Court's guidance, without making any specific observations on the merits of the case.

Issue 2: Disposal of the writ petition

In addition to restoring the Special Appeal, the Supreme Court highlighted the importance of expeditiously disposing of the writ petition itself. The Court emphasized the need for timely resolution of the matter, indicating that the writ petition should be handled promptly.

Conclusion:
The Supreme Court allowed the appeal, setting aside the order under challenge and restoring Special Appeal No. 277/99 to the Lucknow Bench of the High Court at Allahabad for fresh consideration. No costs were awarded in this decision.