LAW ON INTERIM ORDERS AGAINST UNIVERSITIES

 In Regional Officer CBSE V/s Sheena Pethambaran(2003) of SCC 719 at page 725 High Courts had given interim orders against which Supreme Court held;

 “This court has on several occasions earlier deprecated the practice of permitting the students to pursue their studies  had to appear in the examination under the interim orders passed in the petitions. In most of such cases it is  ultimately  pleaded that since the course was over  or the result had been declared, the matter deserves to be considered  sympathetically.”

  In the above referred cases,

Revision petition No.1121 of 2005-Ruchika jain V BDS College Faridabad   AND     Revision petition No.1127  of 2005  National  Commission Justice  M.B.Shah warns the Consumer Fora as hereunder

  “If  High Court is not permitted to pass such orders, it is to be held ;without hesitation or reservation  that Consumer Fora have no jurisdiction to pass such orders.We hereby direct that in future no such interim order permitting the students either to pursue the study or ;to appear in the examination, shall be passed by the Consumer For a.  That is not the function of the Consumer Fora and hence granting of such interim orders could amount to misconduct:”

              Hence the three Revision petitions before the National Commission and finaly commission held that consumer foras cannot issue interim order on  such subject which are statutory duties of the university and if such orders are passed , shall be considered misconduct.

Parul Midha in Revision Petition No.1933-34 of 2005       

                         District forum directed the university to give admission to the complainant in regular B.Ed. course on 14.10.2003 while deciding complaint No.466/03 before disctrict consumer forum Rohtak.  State Commission also confirmed the order on 6.4.2005.  District forum again issued interim order dated 16.7.2004 directing petitioner to declare result and  issue provisional migration certificate.  National Commission set aside all the interim orders passed  by the lower forum and commission.

 

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