SC disapproves interference by High Court in academic matters

New Delhi, May 24 (UNI) The Supreme Court has strongly disapproved interference by the high court in academic matters in complete disregard to the mandate of the apex court in this regard.

The reaction of the Supreme Court came while setting aside an order of Delhi high court dated April 27, directing the petitioner National Board of Examinations(NBE) to allow the respondents G.

Anand Ramamurthy and others to appear in Medical Super Specialities and Surgical Super Specialities Entrance Test even when they did not fulfil eligibility conditions.

For admission to the super speciality courses a candidate must have post graduate degree along with three years' training in the speciality after post graduation.

A bench comprising Mr. Justice A.R. Lakshmanan and Mr. Jusice Lokeshwar Singh Panta in judgment dated May 19 observed," In our opinion the high court was not justified in directing the petitioner to hold examinations against its policy in complete disregard to the mandate of this court for not interfering in the academic matters particularly when the interference in the facts of the instant matter lead to perversity and promotion of illegality.The high court was also not justified in exercising its power under Article 226 of the Constitution of India to merge a past practice with the decision of the petitioner impugned before it to give relief to the respondents herein. Likewise the high court was not correct in applying the doctrine of legitimate expectation even when the respondents herein can not be said to be aggrieved by the decision of the petitioner herein.The high court was also not justified in granting relief not sought for by the respondents in the writ petition." Earlier counsel for the NBE additional Solicitor General Gopal Subramanium had pleaded that the respondents were not eligible to sit in the Entrance Test as they would be completing three years' training on June 30.

The court also upheld the decision of NBE Governing body to hold biannual examinations only in those streams where number of candidates is more than 100 from June onwards to curtail its expenditure as the same is in larger interest of medical education in general and candidates and the petitioner. Presently, biannual examinations are conducted for all the disciplines of modern medicine.

UNI AKS/SC RP HT1905