Supreme Court - Daily Orders
Pallavi vs Union Of India on 29 August, 2023
Bench: S. Ravindra Bhat, Aravind Kumar
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ITEM NO.52 COURT NO.5 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(Civil) No.642/2023
PALLAVI Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No. 119388/2023 EXPARTE STAY & IA No. 124656/2023
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH
SLP(C) No. 16079/2023 (XIV)
(IA No.143416/2023EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 29082023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s)
Mr. Shivendra Singh, AOR
Mr. Bikram Dwivedi, Adv.
Mr. Raghav Gupta, Adv.
Mr. Puneett Singhal, Adv.
Mr. Vikhyat Oberoi, Adv.
Dr. Mukut Nath Verma, Adv.
Mr. Vinay Navare, Sr. Adv.
Mr. Gharote Anurag A, AOR
For Respondent(s)
Mr. Atul Kumar, AOR
Ms. Sweety Singh, Adv.
Ms. Archana Kumari, Adv.
Mr. Rahul Pandey, Adv.
Signature Not Verified
Mr. Gaurav Sharma, AOR
Digitally signed by Mr. Dhawal Mohan, Adv.
VISHAL ANAND
Date: 2023.08.29
20:11:39 IST Mr. Prateek Bhatia, Adv.
Reason:
Mr. Paranjay Tripathi, Adv.
Ms. Ruchi Kohli, Adv.
Ameya Vikrama Thanvi, Adv.
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Mr. Bhuvan Kapoor, Adv.
Mr. Aman Sharma, Adv.
Ms. ShaguN Thakur, Adv.
Mr. Praveen Gautam, Adv.
Mr. G.S. Makkar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Writ Petition(Civil) No.642/2023:
1. We have heard learned Senior counsel/learned counsel for the parties at a considerable length.
2. Hearing is concluded.
3. List the matter for pronouncement of Judgment on 01092023.
4. In the meanwhile, Respondent No.2 – All India Institute of Medical Sciences, New Delhi (AIIMS) shall proceed with the counselling for the three remaining reserved seats.
5. It was submitted, during the course of hearing, that in addition to the said three seats, one more vacancy survives in the Bhutan candidates’ quota. In the event of any vacancy in the reserved category vacancies, or if for some reason, any among them or in the Bhutan quota vacancies remain unfilled, AIIMS and all participating institutions are directed not to fill such vacancies till the judgment is pronounced.
Special Leave Petition(Civil) No.16079/2023:
1. Leave granted.
2. Application seeking exemption from filing certified copy of the impugned order is allowed.
3. In this case, the appellant is aggrieved by the imposition of condition as a consequence of a Notification dated 432021 approached the High Court. He had applied and was allotted a Super Specialty Medical Seat in D.M. Cardiology, Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram, Kerala ("SCTIMST, Trivandrum"). The admission entailed, as a condition precedent – his furnishing a bond, which he, did on 03072023. Clause (5) of that bond stipulated that he could not 3 resign his position without completing the course and in the event of default, he had to pay Rs.50,00,000/ if he decided to leave the course after closure of admission, i.e., on 01092023.
4. In these circumstances, since the Court has reserved Judgment and scheduled pronouncement of the same in Writ Petition (Civil) No.642/2023 today, the date mentioned, i.e. (01092023), in clause (5) of the bond dated 03072023, in the facts of this case shall be applicable to the appellant with effect from 05092023. In other words, the Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram, Kerala Institute shall not invoke clause (5) of the bond, if the occasion so arises, till 05092023.
5. The appellant is directed to inform the said Institute of this Order.
6. List the matter on 01092023 for pronouncement of Judgment.
(VISHAL ANAND) (BEENA JOLLY) ASTT. REGISTRARcumPS COURT MASTER (NSH)