STATE OF UTTAR PRADESH AND ORS. versus K. M. RAMONA PERHAR

Citation: [1994] SUPP. 3 S.C.R. 75 · Decided: 02-09-1994 · Supreme Court of India · Bench: M.N. VENKATACHALIAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF UTTAR PRADESH AND ORS. 
A 
v. 
KM. RAMONA PERHAR 
SEPTEMBER 2, 1994 
[M.N. VENKATACHALIAH, CJ., AND B.P. JEEVAN REDDY, J.] 
B 
Admission to Professional Cour!es-M.B.B.S.-Transfer from Kar-
nataka tO Uttar Pradeslt--Rejected by U.P. Government in accordance with 
its policy decision--High Court directing trans[ er without reference to 
Government's policy-Held such orders cannot he sustarned. 
C 
Constitution of India, 1950: 
Art. 226-Power of judicial review-Not to be exercised as· a matter of 
course without reference to the legal principles governing the power. 
Practice & Procedure: 
D 
Interim orders-Passing of-l'ower to do so coupled with duty to 
consider all relevant facts and legal principles-Admission .to educational 
institutions not to be granted by interim orders without fully hearing the other E 
side. 
The respondent obtained admission in a private medical college in 
Karnataka in 1990. In 1992 she applied for a transfer to Allahabad. The 
request was rejected following the U.P. Government's policy that no one 
outside the State shall be permitted to be transferred to a medical college F 
within the State. The respondent filed a writ petition before the High 
Court. 
On 2.4.1992 the· Single Judge before whom the matter was listed 
asked the Standing Counsel for U.P. to obtain instru.ctions from the 
Gc~·ernment. On 7.4.1992 the matter was listed again and the Single Judge G 
,granted three more weeks' time to the Standing Counsel for filing counter 
affidavit and at the same time passed an order to provisionally admit the 
respondent. Ultimately, by order dated 12.11.1992 another Single Judge 
before whom the matter was listed allowed the writ petition. Against this 
order the State Government preferred the present appeal. 
H 
75 
A 
B 
?6 
SUPREME COURT REPORTS [1994] SUPP. 3 S.<?..R. 
Allowing the appeal, this Court 
HELD : 1. A mandatory Interim order, which had the consequence 
of displacing the student from a private college in Karnataka to a govern-
ment college in Allahabad was passed as a matter of routine. This court 
has emphasised in several decisions that passing of iqterim orders • more 
particularly of a mandatory natur~ like the present one • is neither a 
matter of course nor a matter of charity. The power to grant interim orders 
is · coupled with the duty to consider all the relevant facts and legal 
principles relevant in that behalf. Admissions to educational institutions . 
should not be granted by interim orders • at any rate, not without fully 
C hearing the respondents. [78-C-D] 
· 2. The learned Single Judge who finally disposed of the writ petition 
was conscious of the fact that the order of the Government admitting the 
petitioner. into a college in U.P. was in obedience to the aforesaid interim 
orders of the High Court and yet such order of the govt. was made the 
D basis for allowing the writ petition. In this order too, there is no reference 
to the government's policy. Nor was any effort made to find out how many 
others have applied for such transfer and who among them is more 
deserving. Again the matter appears to have been dealt with as a matter 
of course without reference to the relevant legal principles governing the 
E 
power of judicial review vested in High Court by Article 226 of the Con-
F 
G 
stitution. [79-B] 
· 
3. The respondent has invited the said orders and _she has to take 
the consequences flowing from their invalidation. Siinilar matters are 
being heard by the Allahabad. High Court now and it is but proper that 
this matter too is remitted to the High Court for an appropriate 'decision 
on merits in accordance with law. [79-D] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5874 of 
1994. 
From the Judgment and Order dated 12.11.92 of the Allahabad High 
Court in C.M.W.P. No. 11612 of 1992. 
Ms. Rachna (}upta and R.R Misra for the Appellants. 
H 
Sumi Gupta and H.K. Puri for the Respondent. 
STATEv. RAMONAPERHAR 
77 
The following Order of the Court was delivered : 
A 
Leave granted. Heard counsel for both the parties. 
The appeal is preferred against the judgment of a learned Single 
Judge of the Allahabad High Court allowing the writ petition filed by the 
respondent. 
B 
The respondent obtained admission in a private medical college in 
Karnataka (J.J.M. Medical College, Devangera) in July, 1990. The said 
college is said to be recognised by the Indian Medical Council. Sometime, 
in early 1992, the respondent applied to the Government 

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