Sapphire Institute of Nursingh and Science Vs. State of M.P. & Anr.
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WRIT PETITION, 12502 of 2021, Judgment Date: Aug 12, 2021
Law laid down -
Madhya Pradesh Ayurvigyan Vishwavidyalay (Eligibility and Enrolment of Students for Under Graduate Courses) Ordinance, 2014 - Clause-9 of the Madhya Pradesh Ayurvigyan Vishwavidyalay (Eligibility and Enrolment of Students for Under Graduate Courses) Ordinance, 2014 is independent to other clauses of the Ordinance. Clause – 5 to 8 of the said Ordinance deals with admission of students and relating to supply of certified list of such admitted students whereas Clause-9 independently deals with “enrolment”. Thus, contention of petitioner is repelled that once students’ names are mentioned in web portal of respondent No.2, they are not required to be separately enrolled.
(A) Interpretation of Statute - Clause-9 of Ordinance – The language is clear and unambiguous. When statute is clear, it has to be given effecto irrespective of consequences.
(B) Interpretation of Statute – If statute prescribes a thing to be done in a particular manner, it has to be done in the same manner. Clause-9 is couched with a mandatory language and, therefore, must be complied with.
Discrimination and Prejudice – Petitionerinstitution’s application for enrollment was not accepted after cut-off-date whereas similar requests of three medical colleges was accepted. Examinations are re-scheduled after more than one month. Thus, in peculiar facts situation, Court directed to permit the college to complete the formality of enrollment subject to payment of cost.
Practice and Procedure - The list of judgments are supplied by counsel for petitioner after conclusion of arguments to the whatsapp number of Court Reader. The list does not include the relevant paragraph number and the proposition for which the judgment is cited. The opposite side had no opportunity to meet the same. The Court also had no occasion to go through it during the course of argument and put relevant questions etc. Thus, judgments are not relied upon.
Pleadings - If categorical pleadings of petition are not denied in the return, it shall be treated to be admitted.
Sapphire Institute of Nursingh and Science Vs. State of M.P. & Anr.