Supreme CourtDivision Bench(1998) 05 SC CK 0019

Dar-Us-Salam Educational Trust and Another vs Govt. of A.P. and Others Deccan College of Medical Sciences Vs Ahmed Sharif Shaik and Others

Supreme Court Of India · Decided on 8 May 1998 · Citation: AIR 1999 SC 1562 : (1998) AIRSCW 4047 : (1998) 5 JT 608 : (1998) 5 SCC 358

HON’BLE JUDGES
B. N. Kirpal, J · A. S. Anand, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No''s. 2630 to 2634 of 1998 Arising out of SLP (C) No''s. 7010-7013 and 7405 of 1998

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Judgment

7 paragraphs · 326 words
1.

Leave granted in all the special leave petitions.

2.

During the pendency of various writ petitions in the High Court, certain interim directions came to be made on 24-3-1998 with regard to the admissions to be made by the College. Those directions have been put in issue in these appeals.

3.

The appellants had sought suspension of the proceedings of the University dated 10-6-1997 nominating two representatives of the University to serve on the Selection Committee for admissions to the appellant-College. By the impugned order, stay has been granted of operation of clauses 7 and 9 of para 2 of GOMs No. 470 dated 4-12-1997 as amended by GOMs No. 491 of 24-12-1970.

4.

After hearing learned counsel for the parties, we are not inclined to interfere with the directions given by the High Court on 24-3-1998 but clarify that admissions shall be made to the College strictly in accordance with the directions given by this Court in Shahal H. Musaliar v. State of Kerala, (1993) 4 SCC 112. To that extent the stay order granted by the High Court shall stand amended.

5.

Learned counsel for the parties do not dispute that the direction of the University in its proceedings dated 10-6-1997, nominating two representatives to serve on the Selection Committee of the appellant-College for admission of students runs contrary to the law as settled by this Court. That direction, contained in the university proceedings dated 10-6-1997, to the extent it concerns admission of minority students, shall stay during the pendency of the writ petitions in the High Court, in modification of the interim directions of the High Court impugned herein.

6.

Mr. R.F. Nariman, learned Senior Counsel appearing for the appellants, submits that admissions shall be made in the College, both for minority students and non-minority students strictly in accordance with their merits.

7.

With the above clarification and modification of the impugned directions dated 24-3-1998, the appeals are disposed of. No costs.