Case Note & Summary
The appellant, after completing his 10+2 from Madhya Pradesh Sanskrit Board in 2008, secured admission to B.A.M.S. course in a private college in September 2008. He completed the first year but the college was de-recognized. In July 2012, students were transferred to a government college, but the appellant was denied transfer on the ground that he had not passed English in 10+2. He filed a writ petition in October 2012, and the High Court granted interim orders allowing him to attend classes. Meanwhile, the government college had issued a provisional allotment letter in September 2012, conditionally admitting him subject to passing English. During the pendency of the writ petition, the appellant reappeared for 12th class examination with English and passed it in March 2013, and also passed a senior secondary examination through NIOS in June 2014. He completed the entire B.A.M.S. course and part of internship. However, the High Court dismissed his writ petition in June 2014 and review petition in August 2014, holding that initial ineligibility could not be cured. The Supreme Court allowed the appeal, setting aside the High Court orders, and directed that the appellant be permitted to complete his course and internship and be issued his degree. The Court applied the principle of actus curiae neminem gravabit and noted that the ineligibility was cured by the appellant during the pendency of the proceedings.
Headnote
A) Education Law - Eligibility for Admission - Curing Ineligibility - The appellant was initially ineligible for B.A.M.S. admission as he had not passed English in 10+2, but the college provisionally admitted him on condition of passing English, which he later did. The Supreme Court held that the subsequent curing of ineligibility, coupled with the fact that he completed almost the entire course under interim orders, warranted allowing him to complete the course and obtain degree. (Paras 7-9) B) Principle of Law - Actus Curiae Neminem Gravabit - An act of the court shall not prejudice anyone. The High Court's dismissal of the writ petition after the appellant had completed nearly six years of study under interim orders was held to violate this principle. (Para 8) C) Education Law - Interim Orders - Equities - Though the interim order stated that the appellant would not be entitled to claim equities, the Supreme Court held that the fact that he was permitted to complete the entire course and part of internship could not be brushed aside. (Para 8)
Issue of Consideration
Whether a student who was initially ineligible for admission to B.A.M.S. course due to lack of English subject in 10+2, but subsequently passed English and completed almost the entire course under interim orders, should be allowed to complete the course and obtain degree.
Final Decision
Appeals allowed. Orders dated 18.06.2014 and 01.08.2014 of Madhya Pradesh High Court set aside. Appellant permitted to complete course and internship in Shaskiya Swasashi Dhanwantari Ayurvedic Medical College, Ujjain, and authorities to issue B.A.M.S. degree. No order as to costs.
Law Points
- Eligibility for admission
- Curing ineligibility
- Actus curiae neminem gravabit
- Equities
- Interim orders
