These three appeals are directed against three separate but identical orders passed by Learned Single Judge on 10.05.2012, in the pending petitions, which are ordered to be listed for further hearing on 11.06.2012.
The subject matter of these pending petitions, is the withdrawal of recognition of educational institutions and thereby concerns students and their admissions in the ensuing academic term. By the impugned order some interim arrangement is worked out and ordered by the learned single Judge with the following rider :
"It is clarified that present arrangement is only interim arrangement and will be subject to subsequent orders that may be passed by the Court after the order of respondent no.1 is placed on record..."
It is pertinent to note that the original respondent no.1 and 2 authorities, who are respondent no.2 and 3 in these appeals, whose order are under challenge in the pending petitions, are not aggrieved by the interim arrangement worked out by the learned Single Judge by the impugned order, atleast so far the said order is not challenged by them. These appeals are preferred by the University which had taken the stand before the learned single Judge that they are only recommending body.
Learned advocate for the appellant has submitted that in view of the Judgment of the Hon'ble Supreme Court in the case of Adarsh Shiksha Mahavidyalaya Vs. Subhash Rahangdale reported in 2012(2) SCC 425, Learned single Judge ought not to have granted the interim relief. I am afraid, this submission can not be countenanced in the present fact situation. While hearing petitions on merits, on the last day before summer break, learned single Judge, while fixing the further hearing of the petitions on the first day after reopening, exercised his discretion and has worked out some interim arrangement, which does not call for any interference.
There is no merit in these appeals and no relief can be granted in favour of the appellant University.
Sitting Single as vacation Judge, I can not pass any final order in these appeals. Registry is directed to list these appeals before the appropriate bench, as per roster, on 11.06.2012, for further consideration and/ or order.
(PARESH UPADHYAY, J.) SWWagh Top