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Don't interfere in admissions, High Courts told

J. Venkatesan

Supreme Court quashes Delhi High Court judgment on super speciality courses


  • High Court not justified in directing NBE to hold examinations against its policy, says Bench
  • Alleged past practice cannot override statutory rules, it says

    NEW DELHI: The Supreme Court has asked the High Courts not to interfere in policy matters governing admissions to professional and super speciality courses.

    A vacation Bench of Justice A. R. Lakshmanan and Justice L. S. Panta gave this ruling while setting aside a Delhi High Court judgment permitting certain students to sit for the entrance test for admission to super speciality courses in medicine and surgery.

    "The High Court was not justified in directing the National Board of Examinations (NBE) to hold examinations against its policy in complete disregard to the mandate of this court of not interfering in academic matters, particularly when the interference in the facts of the instant matter led to perversity and promotion of illegality," the Bench ruled.

    Challenged by NBE

    In the instant case, petitioners (before the High Court) G. Anand Ramamurthy and others were permitted by the High Court to sit for the examination to be held in June.

    The NBE challenged this contending that the respondents were not eligible to sit for the examination and the High Court decision was not proper.

    It was submitted by Additional Solicitor-General Gopal Subramaniam that as per the rules, candidates should have completed three years' training in the speciality after postgraduate degree.

    Since the respondents would be completing three years training only on June 30, they were not qualified and eligible to appear for the June examination.

    However, senior counsel S. Balakrishnan appearing for the students contended that in the past students in similar situations were allowed to take the examination held in June.

    Rejecting the contention, the Bench ruled: "The alleged past practice cannot override the statutory rules and regulations since the respondents were not qualified as per Rule 7 (12)."

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