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CENTRAL BOARD OF SECONDARY EDUCATION
A
v.
NIKHIL GULA TI AND ANR.
FEBRUARY 13, 1998
[M.M. PUNCHHI, CJI, B.N. KIRPAL AND M. SRINIVASAN, JJ.]
B
Education-In eligible students-Permission to undertake examinations
under Court orders-Deprecation of-Instance of such aberrations should
not be treated as a precedent-Such casual directions by Court is abuse of C
process-Unless justified High Court should desid from making such orders-
He/d no interference was called for under Article 136.
CIVIL APPELLATE JURISDICTION: Special Leave Petition (c) No.
18853/1997.
From the Judgment and Order dated 4.9.97 of the Rajasthan High Court
in DBCSA 1181 of1997.
T.C. Sharma, Neelam Shanna, Mr. Ajay Shanna and Mr. Rupesh Kumar
for the Petitioner.
S. K. Jain and Mr.AP. Dhamija for the Respondents.
The following Order of the Court was delivered :
D
E
Occasional aberrations such as these, whereby ineligible students are F
permitted, under court orders, to undertake Board and/or University
examinations, have caught the attention of this Court many a time. To add to
it further, the courts have almost always observed that the instance of such
aberrations should not be treated as a precedent in future. Such casual
discretions by the Court is nothing but an abuse of the process; more so
when the High Court at its level itself becomes conscious that the decision G
was wrong and was not worth repeating as a precedent. And yet it is repeated
time and again. Having said this much, we hope and trust that unless the High
Court can justify its decision on principle and precept, it should better desist
from passing such orders for it puts the 'Rule of Law' to a mockery and
promotes rather the 'Rule of Man'.
H
897
A
898
SUPREME COURT REPORTS
[1998) I S.C.R
All the same, fond hopes were raised in the minds of the students,
herein. Therefore, we decline to interfere wider Article 136 of the Constitution.
The S.L.Ps. are, accordingly, dismissed.
T.N.A.
Petitions dismissed.
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