Supreme Court - Daily Orders
Union Of India vs Gourish Gangaram Khemoji on 18 February, 2022
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 1472-1479 OF 2022
(Arising out of SLP(C) Nos. 28-35 of 2021)
COMMISSIONER NAVODAYA VIDYALAYA
SAMITI AND ORS. Appellant(s)
VERSUS
A.S. ANANYA PRADHAN & ANR. ETC. ETC. Respondent(s)
WITH
CIVIL APPEAL NOS. 1480-1487 OF 2022
(Arising out of SLP(C) Nos. 6043-6050 of 2021)
O R D E R
Leave granted.
Heard learned counsel for the parties. These appeals emanate from the the judgment and order passed by the High Court of Orissa at Cuttak. The High Court of Orissa vide judgment and order dated 21.10.2020 disposed of the appeals following its earlier decision in Writ Petition (C) No. 7504 of 2014 and connected cases titled as "State of Orissa Vs. Amar Chhatoi decided on 29.06.2017 upheld the plea of the respondents (students) and the direction given by the learned Single Judge to the appellants to give Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2022.02.26 16:48:12 IST admission to the concerned students disregarding the Reason: reservation provided for OBC category students in terms of circular/notification dated 30.03.2020. 2 It is not in dispute that the respondents sought admission pursuant to the said direction in the academic year 2020-2021 and have continued their studies thereafter.
Before this Court, it is urged by the appellants that none of the decisions, including the relied upon decision for granting such relief to the respondent (students), the efficacy of the Central Educational Institution (Reservation in Admission) Act, 2006 was taken notice of. That provision indisputably would apply to the appellant-Institutions being an Educational Institution set up by the Central Government Society Registration Act, 1860. We find force in this submission.
As we find that this contention has not been dealt with by the High Court at all, it is appropriate to relegate the parties before the High Court for reconsideration of the writ petition(s) on its own merits and in accordance with law. Accordingly, we set aside the impugned judgment and order.
We make it clear that the admissions already given to the respondents(students) shall not be affected because of the setting aside of the impugned 3 judgment and order and they would permit to continue their studies uninterrupted. The High Court, however, may pronounce upon the validity of the circular in the context of the provisions of the 2006 Act.
All contentions available to both sides in the remanded proceedings be decided on its own merits and in accordance with law.
The appeals are disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1465 OF 2022 (Arising out of SLP(C) No. 12473 of 2020) UNION OF INDIA & ORS. Appellant(s) VERSUS GOWTHAM S. GEREGUDADA & ORS. Respondent(s) WITH CIVIL APPEAL NO. 1466-1471 OF 2022 (Arising out of SLP(C) No. 2726-2731 of 2022) [Diary No. 28708 of 2020] O R D E R Leave granted.
Heard learned counsel for the parties. These appeals arise from the decisions dated 04.08.2020 and 11.11.2020 of the High Court of Karnataka at Bengaluru, which, in turn, has followed the view taken by the High Court of Orissa as that decision has been set aside. Even these appeals succeed on the same terms.
In other words, the parties are relegated before the High Court by restoring the writ petition(s) to the file of the High Court to their original numbers for being decided afresh.
All contentions available to both sides are left open.
5Further, the admission already granted to the respondents (students) on the basis of mandamus issued by the High Court shall not be disturbed and they be permitted to continue their studies uninterrupted. The appeals are disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.
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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NOS. 2292-2324/2021 UNION OF INDIA & ORS. ETC. Petitioner(s) VERSUS GOURISH GANGARAM KHEMOJI & ORS. ETC. Respondent(s) O R D E R As the appeals arising from the decision(s) of the High Court of Orissa and High Court of Karnataka which are pending before this Court are disposed of, the concerned High Court(s) may decide the proceedings pending before it on its own merits and in accordance with law keeping in mind the observation made in the concerned appeals decided today by separate orders in C.A. No. 1472-1479 of 2022 and C.A Nos. 1465 of 2022 and connected cases.
The transfer petitions are disposed of in the above terms.
All contentions and questions available to the parties are left open.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.
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ITEM NO.26 Court 3 (Video Conferencing) SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s).2292-2324/2021
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
GOURISH GANGARAM KHEMOJI & ORS. Respondent(s)
(FOR ADMISSION and IA No.142260/2021-STAY APPLICATION and IA
No.142259/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) WITH SLP(C) No. 12473/2020 (IV-A) (IA No.145799/2021 - APPLICATION FOR PERMISSION) Diary No(s). 28708/2020 (IV-A) (FOR ADMISSION and I.R. and IA No.4657/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) SLP(C) No. 28-35/2021 (XI-A) (FOR ADMISSION and I.R. and IA No.259/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 6043-6050/2021 (XI-A) (FOR ADMISSION and I.R. and IA No.52607/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 18-02-2022 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. S. Rajappa, AOR Mr. R. Gowrishankar, Adv.
Mr. Vikramjit Banerji, ASG Mr. Gurmeet Singh Makker, AOR Mr. Ranjan Kr. Chourasia, Adv. Mr. O.P. Shukla, Adv.
Mr. Nachiketa Joshi, Adv.
Mr. Nikhil Majithia, Adv.
Mr. Divyansh H. Rathi, Adv. For Respondent(s) Mr. Ashok Kumar Panigrahi, Adv.
Mr. Gautam Kumar Laha, Adv. Mr. Sanjeev Kumar, AOR 8 Mr. Shankar Divate, AOR Mr. H. Chandra Sekhar, AOR Ms. Rekha Chandrasekhar, Adv. Mr. J.D. Kashinath, Adv.
Mr. Ramesh Kumar, Adv.
Mr. Gurmeet Singh Makker, AOR Mr. Jitendra Mohapatra, Adv. Mr. Bhuwan Raj, Adv.
Ms. Priyam Agarwal, Adv.
Dr. Kedar Nath Tripathy, AOR Mr. Som Raj Choudhury, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 28-35/2021, SLP(C) No. 6043-6050/2021, SLP(C) No. 12473/2020 and Diary No(s). 28708/2020 Permission to file special leave petition is granted. Leave granted.
The appeals are disposed of in terms of the signed order. Pending applications, if any, stand disposed of. T.P.(C) No(s).2292-2324/2021 The transfer petitions are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Three signed orders are placed on the file]