STATE OF MAHARASHTRA versus VIKAS SAHEBRAO ROUNDALE AND ORS.

Citation: [1992] 3 S.C.R. 792 · Decided: 11-08-1992 · Supreme Court of India · Bench: N.M. KASLIWAL

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

_)-
A 
STATE OF MAHARASHTRA 
v. 
VIKAS SAHEBRAO ROUNDALE AND ORS. 
AUGUST 11, 1992 
B 
(N.M. KASLIWAL, K. RAMASWAMY AND G.N. RAY, JJ.] 
Atticle 226-11/ equipped under staffed unrecognised educational institu-
~-
tions-Students admitted to D.Ed. course in unrecognised institution-Held 
High Coutt committed manifest e"or in exercising prerogative power to permit 
c appearance for examination. 
In the instant case the respondents were admitted to D.Ed. Course 
---
by an unrecognised Vidhyalaya, when the examinations were to commence 
from April 18th 1991, the management finding it difficult to have them sit 
for the examination encouraged the respondents to tap the doors of the 
D High Court of Bombay at Nagpur Bench to seek directions to permit them 
to appear in the examination to be held on 18th April, 1991. The Division 
Bench directed the appellant i.e., the State of Maharashtra to permit the 
respondents to sit in the examination for the first year commencing from 
April 18, 1991 and after their passing the examination, the passed can-
E 
didates should be allocated seats in a recognised institution to prosecute 
their further courses. Assailing the legality thereof this appeal has been 
filed in this court. 
Granting Special leave, the Court 
-
F 
HELD: That this court has judicially noticed mushroom growth of 
ill equipped and under staffed unrecognised institutions in Andhra 
Pradesh, Ribar, Tamil Nadu and Maharashtra States inparticular, 
""< 
-though other states too are of no exception. Obviously the field of educa-
tion is found to be fertile, perennial and profitable business venture with 
least capital outlay and the instant case is one such from the State of 
G Maharashtra. [794F-G] 
t--
That the appellants have rightly contested that the directions issued 
by the High Court runs counter to the statute and in virtue directing the 
..,..-
authorities to disobey the law which is impermissible. [796 B] 
H 
Considering the cases decided by this Court regarding private i,_. 
792 
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,,J. 
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·' 
--""( 
STA TE v. VIKAS ROUND ALE 
793 
stitutions unauthorisedly established and the request for the pennisstud A 
to appear in examinations or accommodate them elsewhere to enable them 
to prosecute further studies had been negatived by this court in the under 
mentioned cases:· [796C] 
N.M. Nageshwaramma v. State of Andhra Pradesh & Anr., [1986] 
Suppl. S.C.C. 166 = A.1.R. 1986 S.C. 1188; A.P. Christians Medical Educa-
B 
tional Society, etc. v. Government of Andhra Pradesh & Anr., (1986) 2 S.C.C. 
'167 = A.l.R. 1986 S.C. 1490; All Bihar Christian Schools Association & Anr. 
I 
v. State of Bihar & Ors., (1988) 2 S.C.R. 49; State of Tamil Nadu & Ors. v. 
St. Joseph Teachers Training Institute & Anr., J.T. (1991) 2 S.C. 343 and 
Students of Dattatraya Adhyapak Vidhyalaya v. State of Maharashtra & Ors., 
C 
(S.L.P. (C) No. 2067 of 1991 decided on 19.2.91). 
This Court has held that the courts giving directions to relieve' bar· 
ships of the students has resulted in total indiscipline in the filed of regula· 
tion. While in the case of Andhra Kesari Education Society v. Direc~or of 
School Education & Ors., (1988] Supp. 3 S.C.R. 893 on which the respon· D 
dents have relied upon, this Court i~sued directions in special circumstan· 
ces and therefore cannot be taken as a precedent in particular in the light of 
the law laid down by this court in its various judgments. (797 A·D] 
Further even Article SIA enjoins every citizen by clause (h) to E 
develop the scientific temper, humanism, the spirit of enquiry and reform; 
clause (j) enjoins as fundamental duty to strive towards excellence 
1in all 
spheres of individual and collective activity so that the nation constantly 
rises higher and higher. Thus clause (a) & (f) intend to value and preserve 
rich heritage of our composite culture are some of the basic values Which F 
the budding students need to be inculcated and imbibed in their formative 
periods to take deep roots at maturity. Eveia the teacher needs not only 
the training at the inception but also pen~ 
orientations in this behalf 
so that the children.would reap the rich benefit thereof. So the ill equipped 
and ill housed institutions with substandard staff therein are counter 
productive ~nd detrimental to inculcating spirit of enquiry and excellence G 
to the _students. To disregard statutory compliance would amount to 
I 
letting loose of innocent and unwary children. Even in the proceetJing of 
a receDl ~

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