STATE OF MAHARASHTRA versus VIKAS SAHEBRAO ROUNDALE AND ORS.

STATE OF MAHARASHTRA versus VIKAS SAHEBRAO ROUNDALE AND ORS.

The High Court erred manifestly in law in exercising prerogative power under Article 226 to permit students from an unrecognised institution to appear for examination and secure allocation in recognised institutions, as such directions contravene statutory requirements, subvert the rule of law, encourage indiscipline, and are impermissible.

Parties
Appellant: State of Maharashtra; Respondents: Vikas Sahebrao Roundale and Ors.
Jurisdiction
India
Judgment Date
11 August 1992
Procedural Posture
Civil Appeal / Appeal Against Order of High Court in Writ Petition No. 2450 of 1990
Outcome
Appeal allowed
Legal Topics
Recognition of Educational Institutions, Permitting Students to Appear for Examinations, Compliance With Statutory Requirements, Article 226 Prerogative Powers
Education Law Administrative Law Recognition of Educational Institutions Permitting Students to Appear for Examinations Compliance With Statutory Requirements Article 226 Prerogative Powers

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Parties

State of Maharashtra

Appellant

Vikas Sahebrao Roundale and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order of High Court in Writ Petition No. 2450 of 1990

Legal Issues

  1. 1 Whether students admitted to D.Ed. course in an unrecognised institution could be permitted to appear for examinations by judicial order
  2. 2 Whether High Court could direct allotment of seats in recognised institutions after passing examinations from unrecognised institute

Ratio Decidendi

The High Court erred manifestly in law in exercising prerogative power under Article 226 to permit students from an unrecognised institution to appear for examination and secure allocation in recognised institutions, as such directions contravene statutory requirements, subvert the rule of law, encourage indiscipline, and are impermissible.

Court Disposition

Appeal allowed

Orders

  • Directions issued by the High Court to permit respondents to appear in examination and accommodate in recognised institutions are set aside.
  • Passed student already accommodated in recognised institution; admission remains undisturbed.