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Shri Ramesh Kumar and ors. Vs. Technological Institute of Textiles and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petition Nos. 5152, 5252-53, 5365, 6479 of 1980 and 39 of 1980
Judge
Reported inAIR1981SC1200; 1981(1)SCALE835; (1981)2SCC268; 1981(13)LC135(SC)
ActsConstitution of India - Article 32
AppellantShri Ramesh Kumar and ors.
RespondentTechnological Institute of Textiles and ors.
Excerpt:
- madhya pradesh uchcha nyayalaya (khand nyaypeeth ko appeal) adhiniyam (14 of 2006)section 2 :[tarun chatterjee & h.l.dattu,jj] writ appeal delay of 589 days in filing - condonation of delay - statements made in application making out sufficient cause for delay delay condoned on condition of payment of costs. .....shall stand admitted to the said institute as from today and shall be allowed to take the supplementary examination which is being held for the benefit of those 23 students who, according to the petitioners, were admitted even though they did not so deserve on merits. we order accordingly. we further find no substance in the preliminary objections raised by mr. desai on behalf of the institute that the petitions should be thrown out on the ground of delay. the petitioners have invoked the writ jurisdiction of this court within about two months of the impugned admission and the gap represents a very reasonable time for the petitioners to take action at law. we may make it clear, however, that if the petitioners had delayed the institution of their petitions by, say, four months.....
Judgment:

A.D. Koshal, J.

1. The petitioners in these five petitions under Article 32 of the Constitution of India and the Technological Institute of Textiles, Bhiwani are agreed that all the thirteen petitioners shall stand admitted to the said institute as from today and shall be allowed to take the supplementary examination which is being held for the benefit of those 23 students who, according to the petitioners, were admitted even though they did not so deserve on merits. We order accordingly. We further find no substance in the preliminary objections raised by Mr. Desai on behalf of the institute that the petitions should be thrown out on the ground of delay. The petitioners have invoked the writ jurisdiction of this Court within about two months of the impugned admission and the gap represents a very reasonable time for the petitioners to take action at law. We may make it clear, however, that if the petitioners had delayed the institution of their petitions by, say, four months or so, we would not have entertained them by reason of delay alone, in the facts and circumstances of the case.

2. We consider it conducive to the ends of justice to further direct the University to regularise the admission of the thirteen petitioners as mentioned above and to see that they take their supplementary examination or any other examination that may be necessary so that they are, for all practical purposes, placed at par with the 23 students above mentioned and do not waste a year of their academic career.

3. We make a further direction to the Institute and that is that in future it shall admit students strictly in accordance with the rules and instructions issued by the University.

4. All the five petitions are disposed of accordingly with no order as to costs.


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