Central Board Of Sec. Education Vs. Nikhil Gulati On 13 February, 1998

Q: Q. What are the equivalent citations for Central Board Of Sec. Education vs Nikhil Gulati ?

The equivalence citation are(1998) 3 SCC 5 ; [1998] 1 SCR 897 ; AIR 1998 SC 1205 ; 1998 2 AD (SC) 209 ; 1998 (1) CTC 435 ; JT 1998 (1) SC 718 ; 1998 (1) SCALE 634 ; LQ/SC/1998/211 ;

Q: Q. What was the bench assigned for the case Central Board Of Sec. Education vs Nikhil Gulati ?

HONBLE JUSTICE B. N. KIRPAL, HONBLE JUSTICE M. M. PUNCHI (CJI), HONBLE JUSTICE M. SRINIVASAN

Open iDraf

Central Board Of Sec. Education v. Nikhil Gulati

Central Board Of Sec. Education
v.
Nikhil Gulati

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 18853 Of 1997 | 13-02-1998

1. Occasional aberrations such as these, whereby ineligible students are 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 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"

2. All the same, fond hopes were raised in the minds of the students herein.
3. Therefore, we decline to interfere under Article 136 of the Constitution. The SLPs are, accordingly, dismissed.

Advocates List

For

Bench List

HON'BLE JUSTICE B. N. KIRPAL

HON'BLE JUSTICE M. M. PUNCHI (CJI)

HON'BLE JUSTICE M. SRINIVASAN

Eq Citation

(1998) 3 SCC 5

[1998] 1 SCR 897

AIR 1998 SC 1205

1998 2 AD (SC) 209

1998 (1) CTC 435

JT 1998 (1) SC 718

1998 (1) SCALE 634

LQ/SC/1998/211

HeadNote

Education Law — Admission/Enrolment/Seat Reservation — Ineligible students permitted to undertake Board and/or University examinations under court orders — Held, such casual discretions by Court is nothing but an abuse of process — Such orders promote "Rule of Man" and put "Rule of Law" to a mockery — Unless High Court can justify its decision on principle and precept, it should better desist from passing such orders