• Latest
CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

 Education Law – Admission into MBBS Course – whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cut-off date of 30th September has passed.

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

  • Membership Account
  • LATEST
  • P&H
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • SERVICE
  • ARB
  • BANKING
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • Tenancy
  • Login
  • Register
PLRonline.in
Subscribe
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
Subscribe
PLRonline.in
CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

TPA - Execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/-.

Education Law - Admission to a professional course , question for consideration is whether compensation for a meritorious candidate, who has been denied the admission illegally and arbitrary having approached the court in time can be said to be just and equitable relief?

Home Education

 Education Law – Admission into MBBS Course – whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cut-off date of 30th September has passed.

by PLRonline
in Education
0
Share on TelegramShare on TwitterShare on WhatsappShare on eMail
Download / Print

 Education Law – Admission into MBBS Course – whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cut-off date of 30th September has passed. In such a situation the relief which can be given by the Court is to grant appropriate compensation only?

Held,

 In light of the discussion/observations made hereinabove, a meritorious candidate/student who has been denied an admission in MBBS Course illegally or irrationally by the authorities for no fault of his/her and who has approached the Court in time and so as to see that such a meritorious candidate may not have to suffer for no fault of his/her, we answer the reference as under:

(i) That in a case where candidate/student has approached the court at the earliest and without any delay and that the question is with respect to the admission in medical course all the efforts shall be made by the concerned court to dispose of the proceedings by giving priority and at the earliest,

(ii) Under exceptional circumstances, if the court finds that there is no fault attributable to the candidate and the candidate has pursued his/her legal right expeditiously without any delay and there is fault only on the part of the authorities and/or there is apparent breach of rules and regulations as well as related principles in the process of grant of admission which would violate the right of equality and equal treatment to the competing candidates and if the time schedule prescribed – 30th September, is over, to do the complete justice, the Court under exceptional circumstances and in rarest of rare cases direct the admission in the same year by directing to increase the seats, however, it should not be more than one or two seats and such admissions can be ordered within reasonable time, i.e., within one month from 30th September, i.e., cut off date and under no circumstances, the Court shall order any Admission in the same year beyond 30th October. However, it is observed that such relief can be granted only in exceptional circumstances and in the rarest of rare cases. In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got the admission, if the Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled.

(iii) In case the Court is of the opinion that no relief of admission can be granted to such a candidate in the very academic year and wherever it finds that the action of the authorities has been arbitrary and in breach of the rules and regulations or the prospectus affecting the rights of the students and that a candidate is found to be meritorious and such candidate/student has approached the court at the earliest and without any delay, the court can mould the relief and direct the admission to be granted to such a candidate in the next academic year by issuing appropriate directions by directing to increase in the number of seats as may be considered appropriate in the case and in case of such an eventuality and if it is found that the management was at fault and wrongly denied the admission to the meritorious candidate, in that case, the Court may direct to reduce the number of seats in the management quota of that year, meaning thereby the student/students who was/were denied admission illegally to be accommodated in the next academic year out of the seats allotted in the management quota.

(iv) Grant of the compensation could be an additional remedy but not a substitute for restitutional remedies. Therefore, in an appropriate case the Court may award the compensation to such a meritorious candidate who for no fault of his/her has to lose one full academic year and who could not be granted any relief of admission in the same academic year.

(v) It is clarified that the aforesaid directions pertain for Admission in MBBS Course only and we have not dealt with Post Graduate Medical Course.

Chandigarh Admn. v. Jasmine Kaur, (2014) 10 SCC 521 overruled. Asha v. Pt. B.D. Sharma UHS, (2012) 7 SCC 389 affirmed

2019 SCeJ 3010

Tags: (2012) 7 SCC 389(2014) 10 SCC 521Admission - EducationAsha v. Pt. B.D. SharmaChandigarh Admn. v. Jasmine KaurEducation Law

Related Posts

Education

Education – Admission – Even if some seats remain vacant, the students cannot be admitted midterm.

2.1k
Education

Education – Admission – Prayer for the additional counselling – Merely because the seats are lying vacant, is not a ground to grant extension of time

2.1k
Education

Education – Admission – Backdoors – Loose, ill-conceived sympathy masquerades as interlocutory justice exposing judicial discretion to the criticism of degenerating into private benevolence. This is subversive of academic discipline,

2.1k
  • Membership Account
  • LATEST
  • P&H
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • SERVICE
  • ARB
  • BANKING
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • Tenancy

© 2023 JNews - Premium WordPress news & magazine theme by Jegtheme.

  • Login
  • Sign Up
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Save PLRonline.in APP!

Save
×

Please click

Team  PLRonline
Click for support Team PLRonline

Supreme Court Online is also available on Whatsapp, Telegram, Instagram, Email. Join  us here!

× Join us on
[class^="wpforms-"]
[class^="wpforms-"]