Supreme CourtFull Bench(1998) 02 SC CK 0010

Central Board of Secondary Education vs Nikhil Gulati and Another

Supreme Court Of India · Decided on 13 February 1998 · Citation: (1998) 2 AD 209 : AIR 1998 SC 1205 : (1998) AIRSCW 1012 : (1998) 1 CTC 435 : (1998) 1 JT 718 : (1998) 1 SCALE 634 : (1998) 3 SCC 5 : (1998) 1 SCR 897 : (1998) 2 Supreme 58

HON’BLE JUDGES
M. Srinivasan, J · M. M. Punchhi CJI, J · B.N. Kirpal, J
RESULT
Disposed Of
CASE NUMBER
SLP (C) No. 18853 of 1997. (with SLPs. 19513 and 19057 of 1997)

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Judgment

2 paragraphs · 180 words
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. Therefore, we decline to interfere under Article 136 of the Constitution. The S.L.Ps. are, accordingly, dismissed.