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Documents citing Union Of India vs Era Educational Trust & Another on 5 April, 2000

Medical Council Of India vs Rajiv Gandhi University Of Health ... on 12 April, 2004

However, till 15.11.2002, no order had been made by the Central Government. As the renewal for permission was not granted to the institution concerned, MBBS seats of the institution were not included in the seat matrix which had to end on 15.11.2002 and, therefore, in the absence of the institution not being notified no admission had been done. Having regard to the fact that the permission had been granted earlier and renewed for the previous years, the Council had also sent a report regarding renewal for the current year, but unfortunately, the Central Government did not act with necessary expedition as was needed in the said case. As the counselling of Common Entrance Test is coming to end on 15.11.2002 and even if renewal was granted by the Central Government after that date, 100 seats would go waste. The High Court, by an order made on 15.11.2002, directed the Government to include the seats of the respondent's institution in the seat matrix to allocate the same to the deserving students in accordance with rules. By another order made on 03.12.2002, after adverting to the decision of this Court in Union of India vs. Era Educational Trust & Anr., 2000 (5) SCC 57, the learned single Judge of the High Court passed further orders imposing conditions to the following effect :-
Supreme Court of India Cites 2 - Cited by 62 - Full Document

Union Of India vs Jiet Medical College And Hospital on 11 December, 2024

"4. We once again emphasise that the law declared by this Court in Union of India v. Era Educational Trust that interim order should not be granted as a matter of course, particularly in relation to matter where standards of institutions are involved and the permission to be granted to such institutions is subject to certain provisions of law and regulations applicable to the same, unless the same are complied with. Even if the High Court gives certain directions in relation to consideration of the applications filed by educational institutions concerned for grant of permission or manner in which the same should be (Downloaded on 12/12/2024 at 09:59:19 PM) [2024:RJ-JD:49959-DB] (16 of 25) [SAW-1057/2024] processed should not form a basis to direct the admission of students in these institutions which are yet to get approval from the authorities concerned or permission has not been granted by the Council."
Rajasthan High Court - Jodhpur Cites 15 - Cited by 0 - M M Shrivastava - Full Document

Union Of India vs Government Of Tamil Nadu

In the case of Union of India vs. Era Educational Trust and another (supra), the Honble Supreme Court has held as follows:- (SCC, pages-59-60, para-6) It may be that Order XXXIX CPC would not be applicable at the stage of granting interim relief in a petition under Article 226 or 227 of the Constitution, but at the same time various principles laid down under Order XXXIX for granting ad interim or interim reliefs are required to be taken into consideration.
Madras High Court Cites 46 - Cited by 0 - R K Agrawal - Full Document

Dental Council Of India vs Dr. Hedgewar Smruti Rugna Seva Mandal, ... on 11 April, 2017

“4. We once again emphasise that the law declared by this Court in Union of India v. Era Educational Trust (supra) that interim order should not be granted as a matter of course, particularly in relation to matter where standards of institutions are involved and the permission to be granted to such institutions is subject to certain provisions of law and regulations applicable to the same, unless the same are complied with. Even if the High Court gives certain directions in relation to consideration of the applications filed by educational institutions concerned for grant of permission or manner in which the same should be processed should not form a basis to direct the admission of students in these institutions which are yet to get approval from the authorities concerned or permission has not been granted by the Council.” The aforesaid pronouncement, as is manifest, rules that issue of an interim order in respect of an institution which has not received the approval is not countenanced in law.
Supreme Court - Daily Orders Cites 14 - Cited by 0 - D Misra - Full Document

Dental Council Of India vs Dr. Hedgewar Smruti Rugna Seva Mandal, ... on 11 April, 2017

“4. We once again emphasise that the law declared by this Court in Union of India v. Era Educational Trust (supra) that interim order should not be granted as a matter of course, particularly in relation to matter where standards of institutions are involved and the permission to be granted to such institutions is subject to certain provisions of law and regulations applicable to the same, unless the same are complied with. Even if the High Court gives certain directions in relation to consideration of the applications filed by educational institutions concerned for grant of permission or manner in which the same should be processed should not form a basis to direct the admission of students in these institutions which are yet to get approval from the authorities concerned or permission has not been granted by the Council.” The aforesaid pronouncement, as is manifest, rules that issue of an interim order in respect of an institution which has not received the approval is not countenanced in law.
Supreme Court of India Cites 14 - Cited by 46 - D Misra - Full Document

Pearl Education Charitable Trust vs Union Of India on 13 October, 2020

"4. We once again emphasise that the law declared by this Court in Union of India v. Era Educational Trust that interim order should not be granted as a matter of course, particularly in relation to matter where standards of institutions are involved and the permission to be granted to such institutions is subject to certain provisions of law and regulations applicable to the same, unless the same are complied with. Even if the High Court gives certain directions in relation to consideration of the applications filed by educational institutions concerned for grant of permission or manner in which the same should be processed should not form a basis to direct the admission of students in these institutions which are yet to get approval from the authorities concerned or permission has not been granted by the Council."
Gujarat High Court Cites 24 - Cited by 0 - A J Shastri - Full Document

Ms. Nitti And Anr. vs Dental Council Of India And Ors. on 10 July, 2002

15. The learned counsel has raised another point that interim relief under Order 39 Rules 1 and 2 Code of the Civil Procedure should not be granted as it would be absolutely unfair and undesirable. He has placed reliance on Union of India v. Erra Education Trust's case (supra). In that case also the principles laid down are entirely different than the one arise for consideration in the present petition. In that case, Allahabad High Court exercising jurisdiction under Article 226 has granted mandatory relief to run the medical college despite the fact that the Central Government had rejected such permission after obtaining recommendation from the Medical Council. The interim order was issued without allowing the respondents to file counter affidavit and also violating the principles of natural justice. The Hon'ble Supreme Court observed that when the petition was presented for admission, the Court straight away granted mandatory order. Condemning the practice of granting such interim order. Their Lordships observed that such a course should not have been adopted by the High Court.
Punjab-Haryana High Court Cites 6 - Cited by 0 - Full Document

State Of Kerala And The Director Of ... vs Malabar Educational on 26 October, 2007

4. We once again emphasis that the law declared by this Court in Union of India v. Era Educational Trust that interim order should not be granted as a matter of course, particularly in relation to matter where standards of institutions are involved and the permission to be granted to such institutions is subject to certain provisions of law and regulations applicable to the same, unless the same are complied with. Even if the High Court gives certain directions in relation to consideration of the applications filed by educational institutions concerned for grant of permission or manner in which the same should be processed should not form a basis to direct the admission of students in these institutions which are yet to get approval from the authorities concerned or permission has not been granted by the Council.
Kerala High Court Cites 9 - Cited by 0 - H L Dattu - Full Document

Ashok Kumar Bajpai vs Dr. (Smt.) Ranjana Bajpai on 17 October, 2003

In Union of India v. Era Educational Trust, AIR 2000 SC 1573, the Hon'ble Supreme Court after considering its large number of judgments held that while passing interim order in exercise of writ jurisdiction under Article 226 of the Constitution, principles laid down for granting interim relief under Order XXXIX of C.P.C. should be kept in mind. It can neither be issued as a matter of right nor it should be in the form which can be granted only as final relief.
Allahabad High Court Cites 38 - Cited by 33 - B S Chauhan - Full Document
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