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Not in conformity with "judicial propriety", SC criticises Madhya Pradesh HC for allowing admission despite court stay order
New Delhi: The Supreme Court has recently observed that Madhya Pradesh High Court passed an interim order for permitting the colleges in state to participate in the admission process, which was akin to the one stayed by the top court last year and said that the said practice does not align with the judicial propriety.
A bench of justices BR Gavai and KV Vishwanathan observed that in spite of a specific order passed by the top court staying the interim order for the earlier academic year 2023-24, the Madhya Pradesh High Court passed a similar order again for the present academic year 2024-25.
"We are of the view that the said practice is not in consonance with the judicial propriety. When an interim order for an earlier year was passed by this Court, the High Court ought to have given due weightage to it," the top court said.
Senior Counsel DS Naidu for the appellant stated that the court may set aside the impugned order. He further stated that pursuant to the interim order passed by the High Court, the appellants have not admitted any student for the academic year 2024-25.
"The impugned order is therefore quashed and set aside and the appeal is allowed," the top court ordered and said that the matter is remitted back to the High Court for consideration afresh.
The top court, vide order dated December 8, 2023, has stayed the Madhya Pradesh High Court order dated November 23, 2023, permitting the one college to provisionally participate in the ongoing counselling for admission to the BAMS degree course for 2023-2024 for sixty seats.
The top court noted that in spite of several orders passed by it deprecating the practice by the High Courts in permitting the colleges to participate in the admission process by an interim order, the High Court has again passed an interim order permitting one college to participate in the admission process.
The MP High Court is scheduled to hear the matter on October 14, 2024. The top court clarified that the High Court would decide the petition on its own merits without being influenced by the present order.
